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HomeMy WebLinkAboutAgenda Packet 042208 k; CITY OF A TASOADERO CITY COUNCIL AGENDA Tuesday, April 22, 2008 City Council: 6:00 P.M. City Hall Council Chambers 6907 El Camino Real, Atascadero, California REGULAR SESSION: 6:00 P.M. PLEDGE OF ALLEGIANCE: Council Member O'Malley ROLL CALL: Mayor Brennler Mayor Pro Tem Beraud Council Member Clay Council Member Luna Council Member }'Malley APPROVAL OF AGENDA: Roll Call PRESENTATIONS: 1. Quota Club Presentation — Donation for Pavilion on the Lake A. CONSENT CALENDAR: (All items on the consent calendar are considered to be routine and non-controversial by City staff and will be approved by one motion if no member of the Council or public wishes to comment or ask questions. If comment or discussion is desired by anyone, the item will be removed from the consent calendar and will be considered in the listed sequence will an opportunity for any member of the public to address the Council concerning the item before action is taken.) 1. Apple Valley Assessment Districts • Fiscal Impact: The City General Fund will contribute $21 ,129 toward the cost of maintaining the park. • Recommendations: Council: 1. Adopt Draft Resolution A initiating proceedings for the levy and collection of annual assessments for Atascadero Street and Storm Drain Maintenance District No. 01 (Apple Valley) for fiscal year 2008/2009. 2. Adopt Draft Resolution B accepting and preliminarily approving the Engineer's Annual Levy Report regarding the Atascadero Street and Storm Drain Maintenance District No. 01 (Apple Valley). 3. Adopt Draft Resolution C declaring the City's intention to levy and collect annual assessments within Atascadero Street and Storm Drain Maintenance District No. 01 (Apple Valley) in fiscal year 2008/2009, and to appoint a time and place for the public hearing on these matters. 4. Adopt Draft Resolution D initiating proceedings for annual levy of assessments for the Atascadero Landscaping and Lighting Maintenance District No. 01 (Apple Valley) for fiscal year 2008/2009 pursuant to the provisions of Part 2 of Division 15 of the California Streets and Highways Code. 5. Adopt Draft Resolution E for preliminary approval of the Annual Engineer's Levy Report for the Atascadero Landscaping and Lighting Maintenance District No. 01 (Apple Valley) for fiscal year 2008/2009. 6. Adopt Draft Resolution F declaring the City's intention to levy and collect assessments for the Atascadero Landscaping and Lighting Maintenance District No. 01 (Apple Valley) for fiscal year 2008/2009. [Administrative Services] 2. Las Lomas (Woodridge) Assessment Districts • Fiscal Impact: The City General Fund will contribute $3,769 toward the cost of the trails, once these improvements are accepted by the City. • Recommendations: Council: 1. Adopt Draft Resolution A initiating proceedings for the levy and collection of annual assessments for Atascadero Street and Storm Drain Maintenance District No. 02 (Woodridge) for fiscal year 2008/2009. 2. Adopt Draft Resolution B accepting and preliminarily approving the Engineer's Annual Levy Report regarding the Atascadero Street and Storm Drain Maintenance District No. 02 (Woodridge). 3. Adopt Draft Resolution C declaring the City's intention to levy and collect annual assessments within Atascadero Street and Storm Drain Maintenance District No. 02 (Woodridge) in fiscal year 2008/2009, and to appoint a time and place for the public hearing on these matters. 4. Adopt Draft Resolution D initiating proceedings for annual levy of assessments for the Atascadero Landscaping and Lighting Maintenance District No. 02 (Woodridge) for fiscal year 2008/2009 pursuant to the provisions of Part 2 of Division 15 of the California Streets and Highways Code. 5. Adopt Draft Resolution E for preliminary approval of the Annual Engineer's Levy Report for the Atascadero Landscaping and Lighting Maintenance District No. 02 (Woodridge) for fiscal year 2008/2009. 6. Adopt Draft Resolution F declaring the City's intention to levy and collect assessments for the Atascadero Landscaping and Lighting Maintenance District No. 02 (Woodridge) for fiscal year 2008/2009. [Administrative Services] 3. Weed/Refuse Abatement Program ■ Fiscal Impact: The City recovers costs for administering this program through the 150% administrative fee, which is placed on the San Luis Obispo County Special Tax Assessment for the fiscal year 2008-2009 Tax Roll. ■ Recommendation: Council adopt the draft Resolution, declaring vegetative growth and/or refuse a public nuisance, commencing proceedings for the abatement of said nuisances, and placing all abatement fees on the San Luis Obispo County Special Tax Assessment for the fiscal year 2008-2009 Tax Roll, [Fire] 4. Proposed Ordinance to Amend Title 12, Chapter I of the Atascadero Municipal Code Pertaining to Attorneys' Fees ■ Description: Ordinance, if adopted, would allow the "prevailing party" to recover attorneys' fees in civil and administrative nuisance abatement actions. • Fiscal Impact: The ordinance would allow the City to recover its attorneys' fees if it is the prevailing party in a nuisance abatement action. The exact fiscal impact cannot be determined in advance of a particular nuisance abatement action. ■ Recommendation: Council adopt on second reading, by title only, the Draft Ordinance amending Section 12-1,06 and adding Section 12-1.08 of Title 12, Chapter 1 of the Atascadero Municipal Code pertaining to attorneys' fees. [City Attorney] 5. TPM 2002-0032 Final Map Acceptance Clarification Resolution — Traffic Way Park Dedication • Fiscal lmgaj Acceptance of the property will obligate the City to maintain the property. Staff estimates the cost of maintaining 1.5 acres of unimproved parkland to be approximately $2000 annually. If the property is improved as a park in the future, the maintenance costs will be significantly higher. ■ Recommendation: Council approve draft Resolution A accepting the dedication of a 1.71 acre gross public park dedication on Traffic Way as part of Tentative Parcel Map 2002-0032 (AT 02-278). [Community Development] COMMUNITY FORUM: (This portion of the meeting is reserved for persons wanting to address the Council on any matter not on this agenda and over which the Council has jurisdiction. Speakers are limited to three minutes. Please state your name for the record before making your presentation. The Council may take action to direct the staff to place a matter of business on a future agenda. A maximum of 30 minutes will be allowed for Community Forum, unless changed by the Council.) B. MANAGEMENT REPORTS: 1. De Anza Estates Assessment Districts • Fiscal Impact: Annual assessments for 2008/2009 will total $35,454 for road/drainage system maintenance and $30,457 for landscape and lighting maintenance. These amounts will be assessed to the owners of parcels in De Anza Estates. There is no fiscal impact to general residents within the City. • Recommendations: Council: 1. Adopt Draft Resolution A initiating proceedings for the levy and collection of annual assessments for Atascadero Street and Storm Drain Maintenance District No. 03 (De Anza Estates) for fiscal year 2008/2009. 2. Adopt Draft Resolution B accepting and preliminarily approving the Engineer's Annual Levy Report regarding the Atascadero Street and Storm Drain Maintenance District No. 03 (De Anza Estates). 3. Adopt Draft Resolution C declaring the City's intention to levy and collect annual assessments within Atascadero Street and Storm Drain Maintenance District No. 03 (De Anza Estates) in fiscal year 2008/2009, and to appoint a time and place for the public hearing on these matters. 4. Adopt Draft Resolution D initiating proceedings for annual levy of assessments for the Atascadero Landscaping and Lighting Maintenance District No. 03 (De Anza Estates) for fiscal year 2008/2009 pursuant to the provisions of Part 2 of Division 15 of the California Streets and Highways Code. 5. Adopt Draft Resolution E for preliminary approval of the Annual Engineer's Levy Report for the Atascadero Landscaping and Lighting Maintenance District No. 03 (De Anza Estates) for fiscal year 2008/2009. 6. Adopt Draft Resolution F declaring the City's intention to levy and collect assessments for the Atascadero Landscaping and Lighting Maintenance District No. 03 (De Anza Estates) for fiscal year 2008/2009. [Administrative Services] 2. City of Atascadero Employee Ethics Survey and Follow-up ■ Fiscal Impact: $5,000. • Recommendation: Council receive and file this report. [City Manager's Office] 3. Planning Commission Requests ■ Fiscal impact: Will depend on Council's direction. ■ Recommendation: Council give staff direction on interpretation of abstention vote, drive-through policy development, and tree mitigation fee review. [City Manager's Office] COUNCIL ANNOUNCEMENTS AND REPORTS: (On their own initiative, Council Members may make a brief announcement or a brief report on their own activities. Council Members may ask a question for clarification, make a referral to staff or take action to have staff place a matter of business on a future agenda. The Council may take action on items listed on the Agenda.) C. COMMITTEE REPORTS: (The following represent standing committees. Informative status reports will be given, as felt necessary): Mayor Brenner 1. County Mayor's Round Table 2. Air Pollution Control District (APCD) 3. Finance Committee Mayor Pro Tern Beraud 1. Integrated Waste Management Authority (IWMA) 2. City/ Schools Committee Council Member Clan 1. City/ Schools Committee 2. Atascadero Youth Task Force Council Member Luna 1. Finance Committee 2. Nacimiento Water Purveyors' Contract Technical Advisory Group 3. North County Water Purveyors Group Council Member O'Malley 1. S.L.O. Council of Governments (SLOCOG) 2. S.L.O. Regional Transit Authority (SLORTA) 3. Economic Vitality Corporation, Board of Directors (EVC) 4. League of California Cities — Council Liaison and CITIPAC Board Member D. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council 2. City Clerk 3. City Treasurer 4. City Attorney 5. City Manager a. Commission Attendance Report b. Update by Public Works staff on the National Pollution Discharge Elimination System (NPDES) Phase 11 Plan, and the Basin Plan Update. E. ADJOURNMENT: Please note: Should anyone challenge any proposed development entitlement listed on this Agenda in court, that person may be limited to raising those issues addressed at the public hearing described in this notice, or in written correspondence delivered to the City Council at or prior to this public hearing. Correspondence submitted at this public hearing will be distributed to the Council and available for review in the City Clerk's office. 1, Victoria Randall, Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury that the foregoing agenda for the April 22, 2008 Regular Session of the Atascadero City Council was posted on April 15, 2008 at the Atascadero City Hall, 6907 El Camino Real, Atascadero, CA 93422 and was available for public review in the Customer Service Center at that location. Signed this 15th day of April, 2008 at Atascadero, California. Victoria Randall, Deputy City Clerk City of Atascadero City of Atascadero WELCOME TO THE A TASCADERO CITY COUNCIL MEETING The City Council meets in regular session on the second and fourth Tuesday of each month at 6:00 p.m. unless there is a Community Redevelopment Agency meeting commencing at 6:00 p.m. in which event the Council meeting will commence immediately following the conclusion of the Community Redevelopment Agency meeting. Council meetings will be held at the City Hall Council Chambers, 6907 El Camino Real, Atascadero. Matters are considered by the Council in the order of the printed Agenda. Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the office of the City Clerk and are available for public inspection during City Hall business hours at the Front Counter of City Hall, 6907 El Camino Real, Atascadero, and on our website, www.atascadero.org. An agenda packet is also available for public review at the Atascadero Library, 6850 Morro Road. Contracts, Resolutions and Ordinances will be allocated a number once they are approved by the City Council. The minutes of this meeting will reflect these numbers. All documents submitted by the public during Council meetings that are either read into the record or referred to in their statement will be noted in the minutes and available for review in the City Clerk's office. Council meetings are video taped and audio recorded, and may be reviewed by the public. Copies of meeting recordings are available for a fee. Contact the City Clerk for more information (470-3400). In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager's Office or the City Clerk's Office, both at (805) 470-3400. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. TO SPEAK ON AGENDA ITEMS(from Title 2, Chapter 1 of the Atascadero Municipal Code) Members ofthe audience may speak onany item onthe agenda. The Mayor will identify the subject, staff will give their report, and the Council will ask questions oystaff. The Mayor will announce when the public comment period iaopen and will request anyone interested to address the Council regarding the matter being considered to step up to the lectern. If � you wish tospeak for, against u/comment inany way: � 1. You must approach the lectern and berecognized bythe Mayor � 2. Give your name and address (not required) 3, Make your statement 4. All comments should bemade tothe Mayor and Council 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent orpresent � � 6. All comments limited tn3minutes 7. No one may speak for a second time until everyone wishing to speak has had an opportunity to do so, and no one may speak more than twice onany item. � If you wish to use aconnpuhar presentation to support your comments, you must notify the City Clerk's office at least 24 � hours prior \othe mee<ing. Digital presentations brought to the meeting on a USB drive or CID is preferred. Access to hook up your laptop tothe City's projector can also be provided. You are required to submit to the City Clerk a printed copy o( your presentation for the record. Please check in with the City Clerk before the meeting begins to announce your presence and turn inthe printed copy. The Mayor will announce when the public comment period is closed, and thereafter, nofurther public comments will be heard bythe Council. � � TOSPEAK ON SUBJECTS NOT LISTED Q0THE AGENDA Under Agenda item. "COMMUNITY FORUM", the Mayor will call for anyone from the audience having business with the Council to: • Please approach the lectern and berecognized * Give your name and address (not required) ° State the nature of your business This is the time items not on the Agenda may be brought tothe Council's attention. A maximum of 30 minutes will be allowed for Community Forum (unless changed bythe Counoi|). � ITEM NUMBER: A-1 _ DATE: 4/22/08 FOR m: 1918 9 1979 ATASC" Atascadero City Council Staff Report- Administrative Services Department Apple Valley Assessment Districts RECOMMENDATIONS: Council: 1. Adopt Draft Resolution A initiating proceedings for the levy and collection of annual assessments for Atascadero Street and Storm Drain Maintenance District No. 01 (Apple Valley) for fiscal year 2008/2009. 2. Adopt Draft Resolution B accepting and preliminarily approving the Engineer's Annual Levy Report regarding the Atascadero Street and Storm Drain Maintenance District No. 01 (Apple Valley). 3. Adopt Draft Resolution C declaring the City's intention to levy and collect annual assessments within Atascadero Street and Storm Drain Maintenance District No. 01 (Apple Valley) in fiscal year 2008/2009, and to appoint a time and place for the public hearing on these matters. 4. Adopt Draft Resolution D initiating proceedings for annual levy of assessments for the Atascadero Landscaping and Lighting Maintenance District No. 01 (Apple Valley) for fiscal year 2008/2009 pursuant to the provisions of Part 2 of Division 15 of the California Streets and Highways Code. 5. Adopt Draft Resolution E for preliminary approval of the Annual Engineer's Levy Report for the Atascadero Landscaping and Lighting Maintenance District No. 01 (Apple Valley) for fiscal year 2008/2009. 6. Adopt Draft Resolution F declaring the City's intention to levy and collect assessments for the Atascadero Landscaping and Lighting Maintenance District No. 01 (Apple Valley) for fiscal year 2008/2009. DISCUSSION: The City Council formed and began assessing Atascadero Street and Storm Drain Maintenance District No. 01 (Apple Valley) in 2005. This district was formed to provide funding for future routine maintenance of the streets, storm drains and sidewalks in the Apple Valley subdivision. The City Council also formed and began assessing Atascadero Landscape and Lighting Maintenance District No. 01 (Apple Valley) in 2005. This district was formed to provide for funding and maintenance of street trees, open space, park area, medians, walkways, paths and other landscape and lighting improvements within the Apple Valley subdivision. Muni-Financial, an independent financial consultant, was hired to prepare the engineer's report for the two districts. The engineer's report and the levies must be approved by Council annually. This is done in a two-step process. Tonight, there are three resolutions for each district (a total of 6 resolutions in all) that must be passed in order to continue the assessments within the districts. The resolutions passed tonight will also establish the date and time for the public hearing. The public hearing is tentatively scheduled for May 27, 2008 at 6:00 p.m., at which time the final resolutions will be presented to the Council for passage. The proposed assessments for fiscal year 2008/2009 are less than the Maximum Assessment Rate. In accordance with the formula voters of the district adopted in 2005, the City may increase the Maximum Assessment Rate for inflation by the greater of the Consumer Price Index (CPI) or 3.0%. The Maximum Assessment Rate was increased 3.0% this year, though the actual assessments for the Street and Storm Drain District are slightly less than the maximum. The Landscape and Lighting District has a surplus fund balance, so City staff held a neighborhood meeting to receive input from the property owners as to the preference on how to treat the surplus. The property owners in attendance preferred an assessment at 60% of the allowable annual maximum this year, with additional expected reduced assessments in the future. Amount Per EBU Amount Per EBU District Maximum Assessment Prposed Assessment Fiscal Year 2008-09 Fiscal Year 2008-09 Atascadero Street and Storm Drain Maintenance District No. 01 Apple Valley $544.97 $512.70 Atascadero Landscape and Lighting Maintenance District No. 01 Apple Valley $1,190.93 $714.56 FISCAL IMPACT: Annual assessments for 2008/2009 will total $35,889 for road/drainage system maintenance and $50,019 for landscape and lighting maintenance. These amounts will be assessed to the owners of parcels in Apple Valley. The City General Fund will contribute $21,129 toward the cost of maintaining the park. ATTACHMENTS: 1. Draft Resolution A - initiating proceedings for the levy and collection of annual assessments for Atascadero Street and Storm Drain Maintenance District No. 01 (Apple Valley) for fiscal year 2008/2009 2. Draft Resolution B - accepting and preliminarily approving the Engineer's Annual Levy Report regarding the Atascadero Street and Storm Drain Maintenance District No. 01 (Apple Valley) 3. Draft Resolution C - declaring the City's intention to levy and collect annual assessments within Atascadero Street and Storm Drain Maintenance District No. 01 (Apple Valley) in fiscal year 2008/2009, and to appoint a time and place for the public hearing on these matters 4. Engineer's Annual Levy Report- for the levy and collection of fiscal year 2008/2009 assessments for Atascadero Street and Storm Drain Maintenance District No. 01 (Apple Valley) 5. Draft Resolution D - initiating proceedings for annual levy of assessments for the Atascadero Landscaping and Lighting Maintenance District No. 01 (Apple Valley) for fiscal year 2008/2009 pursuant to the provisions of Part 2 of Division 15 of the California Streets and Highways Code 6. Draft Resolution E - preliminary approval of the Annual Engineer's Levy Report for Atascadero Landscaping and Lighting Maintenance District No. 01 (Apple Valley) for fiscal year 2008/2009 7. Draft Resolution F - declaring the City's intention to levy and collect .assessments for the Atascadero Landscaping and Lighting Maintenance District No. 01 (Apple Valley) for fiscal year 2008/2009 8. Engineer's Annual Levy Report- for the levy and collection of fiscal year 2008/2009 assessments for Atascadero Landscaping and Lighting District No. 01 (Apple Valley) DRAFT RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, INITIATING PROCEEDINGS FOR THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS FOR ATASCADERO STREET AND STORM DRAIN MAINTENANCE DISTRICT NO. 01 (APPLE VALLEY) FOR FISCAL YEAR 2008/2009. The City Council of the City of Atascadero (hereafter referred to as "City Council") hereby finds, determines,resolves and orders as follows: WHEREAS, the City Council pursuant to the provisions of the Benefit Assessment Act of 1982, Chapter 6.4 of the California Government Code, beginning with Section 54703 (hereafter referred to as the "1982 Act") formed an assessment district to be designated as Atascadero Street and Storm Drain Maintenance District No. 01 (Apple Valley) (hereafter referred to as the "District"), for the purpose of funding the ongoing operation, maintenance and servicing of public streets, sidewalks, storm drain and flood control facilities installed in conjunction with the development of properties known as Apple Valley Tract 2495; and to levy and collect annual assessments related thereto. The 1982 Act provides for the formation of such an assessment district pursuant to Article 3 Section 54710, and provides for the levy and collection of assessments by the County on behalf of the City pursuant to Article 4 Section 54718; and, WHEREAS, the City Council has retained MuniFinancial as the Engineer of Work, for the purpose of assisting with the administration of the District, the establishment of annual assessments, and to prepare and file an Engineer's Report with the City Clerk in accordance with the 1982 Act; and in accordance with the requirements of the California Constitution, Articles XIIIC and XIIID; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Atascadero as follows: SECTION 1. The City Council hereby orders the Engineer to prepare and file an Engineer's Annual Levy Report concerning the levy of assessments for properties within the District as specified by Article 4 Section 54716 of the 1982 Act. SECTION 2. The District improvements include the ongoing operation, administration, maintenance and servicing of the public streets, drainage and flood control systems and appurtenant facilities authorized pursuant to the 1982 Act that were installed as part of property development and associated with the District. Said improvements may include, but are not limited to pavement, curbs, sidewalks, hardscape, bridges, fencing, signage, drains, pipes, inlets, outlets, catch basins, drainage basins, manholes, and associated appurtenant facilities located within the public street right-of-ways and other public easements within the District, and dedicated to the City of Atascadero for such maintenance. SECTION 3. The territory within A dero Street and Storm Drain Maintenance District tasca No. 01 (Apple Valley) consists of lots,parcels and subdivisions of land located in the development known as Apple Valley Tract 2495. On motion by Council Member and seconded by Council Member , the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: Mike Brennler, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Brian A. Pierik, City Attorney DRAFT RESOLUTION B RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, ACCEPTING AND PRELIMINARILY APPROVING THE ENGINEER'S ANNUAL LEVY REPORT REGARDING THE ATASCADERO STREET AND STORM DRAIN MAINTENANCE DISTRICT NO. 01 (APPLE VALLEY). The City Council of the City of Atascadero (hereafter referred to as "City Council") hereby finds, determines, resolves and orders as follows: WHEREAS, the City Council has, by previous Resolution, ordered the preparation of an Engineer's Annual Levy Report (hereafter referred to as the "Report") regarding the assessment district to be designated as the Atascadero Street and Storm Drain Maintenance District No. 01 (Apple Valley) (hereafter referred to as the "District"), and the levy and collection of assessments related thereto, pursuant to the provisions of the Benefit Assessment Act of 1982, Chapter 6.4 of the California Government Code, beginning with Section 54703 (hereafter referred to as the 1982 Act"); and, WHEREAS, there has now been presented to this City Council the Report as specified by Article 4 Section 54716 of said 1982 Act; and, WHEREAS, the City Council has carefully examined and reviewed the Report as presented, and is preliminarily satisfied with the District and the budget items and documents as set forth therein, and is satisfied that the proposed assessments have been spread in accordance with the special benefits received from the improvements, operation, administration, maintenance and services to be performed within the District, as set forth in said Report. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Atascadero as follows: SECTION 1. The preceding recitals are true and correct. SECTION 2. That the Report as presented, consists of the following: a. A Description of Improvements. b. A Boundary Diagram of the District. c. The Method of Apportionment that details the method of calculating each parcel's proportional special benefits and annual assessment. d. The proposed Budget (Costs and Expenses) and the duration and collection of assessments. e. The District Roll containing the Levy for each Assessor Parcel Number within the District for fiscal year 2008/2009. SECTION 3. The Report is hereby approved on a preliminary basis, and ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection. SECTION 4. The Maximum Assessment described in the Report is hereby approved on a preliminary basis. SECTION 5. The City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the presentation of the Report. On motion by Council Member and seconded by Council Member , the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: Mike Brennler, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Brian A. Pierik, City Attorney DRAFT RESOLUTION C RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT ANNUAL ASSESSMENTS WITHIN ATASCADERO STREET AND STORM DRAIN MAINTENANCE DISTRICT NO. 01 (APPLE VALLEY) IN FISCAL YEAR 2008/2009, AND TO APPOINT A TIME AND PLACE FOR THE PUBLIC HEARING ON THESE MATTERS. The City Council of the City of Ataseadero (hereafter referred to as "City Council")hereby finds, determines, resolves and orders as follows: WHEREAS, the City Council pursuant to the provisions of the Benefit Assessment Act of 1982, Chapter 6.4 of the California Government Code, beginning with Section 54703 (hereafter referred to as the "1982 Act") did by previous Resolution approve the levy and collection of annual assessments to pay for the operation, maintenance and servicing of public streets, drainage and flood control systems and appurtenant facilities related thereto for the assessment district designated as Atascadero Street and Storm Drain Maintenance District No. 01 (Apple Valley) (hereafter referred to as the "District"); and, WHEREAS, the Engineer selected by the City Council has prepared and filed with the City Clerk a Report in connection with the proposed District, and the levy of assessments for Fiscal Year 2008/2009 (July 1, 2008 and ending June 30, 2009) in accordance with Chapter 1, Article 4 of the 1982 Act and in accordance with the requirements of the California Constitution, Articles XIIIC and XIIID, and the City Council did by previous Resolution preliminarily approve such Report. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Atascadero as follows: SECTION 1. The City Council hereby declares its intention to seek the annual levy of the District pursuant to the 1982 Act, over and including the land within the District boundary, and to levy and collect special benefit assessments on parcels of land within the District to pay for the costs and expenses associated with the operation, maintenance, repair and servicing of public streets, drainage and flood control systems and appurtenant facilities related thereto. SECTION 2. The District improvements include the ongoing operation, administration, maintenance and servicing of the public streets, drainage and flood control systems and appurtenant facilities authorized pursuant to the 1982 Act that were installed as part of property development and associated with the District. Said improvements may include, but are not limited to pavement, curbs, sidewalks, hardscape, bridges, fencing, signage, drains, pipes, inlets, outlets, catch basins, drainage basins, manholes, and associated appurtenant facilities located within the public street right-of-ways and other public easements within the District, and dedicated to the City of Atascadero for such maintenance. The Engineer's Report, as ordered by previous Resolution, provides a full and complete description of the improvements within the District. SECTION 3. The proposed territory within Atascadero Street and Storm Drain Maintenance District No. 01 (Apple Valley) consists of lots, parcels and subdivisions of land located in the development known as Apple Valley Tract 2495. SECTION 4. The proposed assessments for the District are outlined in the Engineer's Report. The Report details the proposed assessments necessary to provide for the annual operation, administration, services and maintenance of the improvements described in Section 2 of this Resolution. SECTION 5. Notice is hereby given that a Public Hearing on these matters will be held by the City Council on Tuesday, May 27, 2008 at 6:00 p.m. or as soon thereafter as feasible in the regular meeting chambers of the City Council located at 6907 El Camino Real, Atascadero, California, in accordance with Government Code, Section 53753 and California Constitution, Article XIIID, Section 4(e). The City shall give notice of the time and place of the Public Hearing by posting a copy of this resolution on the official bulletin board customarily used by the Council for the posting of notices and by publishing this resolution in a local newspaper pursuant to Government Code Section 6066 as outlined in the 1982 Act. At the Public Hearing, interested persons shall be permitted to present written and/or oral testimony. On motion by Council Member and seconded by Council Member , the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: ATTEST: Mike Brennler, Mayor Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Brian A. Pierik, City Attorney DRAFT RESOLUTION D RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, INITIATING PROCEEDINGS FOR ANNUAL LEVY OF ASSESSMENTS FOR THE ATASCADERO LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 01 (APPLE VALLEY) FOR FISCAL YEAR 2008/2009 PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE. The City Council of the City of Atascadero (hereafter referred to as "City Council") hereby finds, determines, resolves and orders as follows: WHEREAS, the City Council has, by previous Resolutions, formed the Atascadero Landscaping and Lighting Maintenance District No. 01 (Apple Valley) (hereafter referred to as "District") pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (hereafter referred to as the "Act") that provides for levy and collection of assessments by the County of San Luis Obispo for the City of Atascadero to pay the maintenance and services of lighting facilities, landscaping, and appurtenant facilities and operations related thereto; and, WHEREAS, the District and the associated assessments are in compliance with the provisions of California Constitution Article XIIID; and, WHEREAS, the City Council has retained MuniFinancial for the purpose of assisting with the Annual Levy of the District and to prepare and file a report with the City Clerk in accordance with the Act; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Atascadero as follows: SECTION 1. Engineers Annual Levy Report: The City Council hereby orders MuniFinancial to prepare the Engineer's Annual Levy Report concerning the levy of assessments for the District in accordance with Chapter 3, Section 22622 of the Act. SECTION 2. Proposed Improvements and Any Substantial Changes in Existing Improvements: The improvements within the District include the ongoing operation, administration, maintenance, servicing and incidental expenses related to the dedicated landscape areas, public street lighting and appurtenant facilities authorized pursuant to the Act that were installed as part of property development and associated with the District. Said improvements may include, but are not limited to the materials, equipment, utilities, labor, appurtenant facilities and expenses necessary for the ongoing maintenance and operation of public street lighting as well as landscaped parkways, medians, slopes, trails, park areas, drainage basins, open space areas and other designated easements or right-of-ways constructed and installed as part of the development plans and agreements approved for the development of each lot and parcel within the District. The Engineer's Annual Levy Report describes all new improvements or substantial changes in existing improvements. On motion by Council Member and seconded by Council Member , the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: Mike Brennler, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Brian A. Pierik, City Attorney DRAFT RESOLUTION E RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, FOR PRELIMINARY APPROVAL OF THE ENGINEER'S ANNUAL LEVY REPORT FOR THE ATASCADERO LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 01 (APPLE VALLEY) FOR FISCAL YEAR 2008/2009. The City Council of the City of Atascadero (hereafter referred to as "City Council") does resolve as follows: WHEREAS, the City Council has, by previous Resolutions, ordered the preparation of an Engineer's Annual Levy Report (hereafter referred to as the "Report") for the district known and designated as the Atascadero Landscaping and Lighting Maintenance District No. 01 (Apple Valley) (hereafter referred to as the "District") pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division of the Streets and Highways Code of California, beginning with Section 22500 (hereafter referred to as the "Act"); and, WHEREAS the District and the associated assessments are in compliance with the provisions of California Constitution Article XIIID; and, WHEREAS the City Council has now been presented with the Report as required by Chapter 1, Article 4, .Section 22566 of said Act; and, WHEREAS, the City Council has carefully examined and reviewed the Report as presented and is preliminarily satisfied with the District, each of the budget items and documents as set forth therein and is satisfied on a preliminary basis that the proposed assessments have been spread in accordance with the benefits received from the improvements, operation, maintenance, and services to be performed within each benefit zone as set forth in said Report; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Atascadero as follows: SECTION 1. The above recitals are true and correct. SECTION 2. That the presented Report consists of the following: a. A Description of the Improvements b. The Annual Budget (Costs and Expenses of Services, Operation, and Maintenance) c. The Method of Apportionment that details the method of calculating each parcel's proportional special benefits and annual assessment. d. The District Roll containing the proposed assessment for each parcel within the District for Fiscal Year 2008/09. SECTION 3. The Report is hereby approved on a preliminary basis and ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection. SECTION 4. That the City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the presentation of the Report. On motion by Council Member and seconded by Council Member , the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: Mike Brennler, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Brian A. Pierik, City Attorney DRAFT RESOLUTION F RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR THE ATASCADERO LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 01 (APPLE VALLEY) FOR FISCAL YEAR 2008/2009. The City Council of the City of Atascadero (hereafter referred to as "City Council") does resolve as follows: WHEREAS, The City Council has by previous Resolution initiated proceedings for fiscal year 2008/2009 regarding the levy and collection of assessments for the Atascadero Landscaping and Lighting District No. 01 (Apple Valley) (hereafter referred to as the "District"). Pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with section 22500) (hereafter referred to as the "Act"), assessments for the District shall be levied and collected by the County of San Luis Obispo for the City of Atascadero to pay the maintenance and services of the improvements and facilities related thereto; and, WHEREAS, the proposed District assessments for fiscal year 2008/2009 are less than or equal to the maximum assessments previously approved in accordance with the requirements of the California Constitution, Article XIIID; and, WHEREAS, there has now been presented to this City Council an Engineer's Annual Levy Report (hereafter referred to as the `Engineer's Report"), and said Engineer's Report has been filed with the City Clerk in accordance with the Act; and, WHEREAS, the City Council has examined and reviewed the Engineer's Report as presented and is satisfied with the District, each of the budget items and documents as set forth therein and is satisfied that the proposed assessments contained therein, have been spread in accordance with the benefits received from the improvements, operation, maintenance and services to be performed within the District, as set forth in said Report. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Atascadero,pursuant to Chapter 3, Section 22624 of the Act, as follows: SECTION 1. The above recitals are true and correct. SECTION 2. The City Council hereby declares its intention to seek the annual levy and collection of assessments within the District pursuant to the Act, over and including the lands, lots and parcels within the District boundary. The City Council further declares its intention to levy and collect assessments on such land to pay the annual costs and expenses of the improvements and services described in Section 4 of this Resolution, for fiscal year 2008/2009. SECTION 3. The boundaries of the District are described in the Engineer's Report and are consistent with the boundary established and described in the original formation documents, on file with the City Clerk, and incorporated herein by reference. The District is within the boundaries of the City of Atascadero, within the County of San Luis Obispo, State of California and includes the territory known as Apple Valley and referred to as the "Atascadero Landscaping and Lighting District No. F. SECTION 4. The improvements within the District include the ongoing maintenance, operation and servicing of local landscaping and street lighting improvements established or installed in connection with development of properties within the District. These improvements generally include, but are not limited to the materials, equipment, utilities, labor, appurtenant facilities and expenses necessary for the ongoing maintenance and operation of public street lighting as well as landscaped parkways, medians, slopes, trails, park areas, drainage basins, open space areas and other designated easements or right-of-ways constructed and installed as part of the development plans and agreements approved for the development of each lot and parcel within the District. SECTION 5. The proposed assessments for fiscal year 2008/2009, as outlined in the Engineer's Report, do not exceed the maximum assessment approved by the property owners through a property owner balloting proceeding conducted in 2005. As such, the proposed assessments do not constitute an increased assessment and do not require additional property owner approval in accordance with the requirements of the California Constitution, Article X1111). SECTION 6. The City Council hereby declares its intention to conduct a Public Hearing concerning the District and the levy of assessments in accordance with Chapter 3, Section 22626 of the Act. SECTION 7. Notice is hereby given that a Public Hearing on these matters will be held by the City Council on Tuesday, May 27, 2008, at 6:00 p.m., at the City Council Chambers, 6907 El Camino Real, Atascadero, California or as soon thereafter as feasible. SECTION 8. The City Council hereby authorizes and directs the City Clerk to give notice of the time and place of the Public Hearing to all property owners within the District pursuant to Sections 22626, 22552 and 22553 of the Act and 6061 of the Government Code. The City Clerk shall give notice to all property owners by: causing notice of the public hearing to be published in the local newspaper one time at least 10 days prior to the Public Hearing; and,posting a copy of this resolution on the official bulletin board(s) customarily used for posting such notices. On motion by Council Member and seconded by Council Member , the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: Mike Brennler, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Brian A. Pierik, City Attorney ITEM NUMBER: A-2 DATE: 4/22/08 ti IIN R,p �'n I� iris q p 1979 7 Atascadero City Council Staff Report- Administrative Services Department Las Lomas (Woodridge) Assessment Districts RECOMMENDATIONS: Council: 1. Adopt Draft Resolution A initiating proceedings for the levy and collection of annual assessments for Atascadero Street and Storm Drain Maintenance District No. 02 (Woodridge) for fiscal year 2008/2009. 2. Adopt Draft Resolution B accepting and preliminarily approving the Engineer's Annual Levy Report regarding the Atascadero Street and Storm Drain Maintenance District No. 02 (Woodridge). 3. Adopt Draft Resolution C declaring the City's intention to levy and collect annual assessments within Atascadero Street and Storm Drain Maintenance District No. 02 (Woodridge) in fiscal year 2008/2009, and to appoint a time and place for the public hearing on these matters. 4. Adopt Draft Resolution D initiating proceedings for annual levy of assessments for the Atascadero Landscaping and Lighting Maintenance District No. 02 (Woodridge) for fiscal year 2008/2009 pursuant to the provisions of Part 2 of Division 15 of the California Streets and Highways Code. 5. Adopt Draft Resolution E for preliminary approval of the Annual Engineer's Levy Report for the Atascadero Landscaping and Lighting Maintenance District No. 02 (Woodridge) for fiscal year 2008/2009. 6. Adopt Draft Resolution F declaring the City's intention to levy and collect assessments for the Atascadero Landscaping and Lighting Maintenance District No. 02 (Woodridge) for fiscal year 2008/2009. DISCUSSION: The City Council formed and began assessing Atascadero Street and Storm Drain Maintenance District No. 02 (Woodridge) in 2005. This district was formed to provide funding for future routine maintenance of the streets, storm drains and sidewalks in the Woodridge subdivision. The City Council also formed and began assessing Atascadero Landscape and Lighting Maintenance District No. 02 (Woodridge) in 2005. This district was formed to provide for funding and maintenance of street trees, open space, park area, medians, walkways, paths and other landscape and lighting improvements within the Woodridge subdivision. The Woodridge subdivision is now known as Las Lomas. The Assessment Districts were formed and named when the area was known as the Woodridge development. All references to Woodridge are now understood to mean the development known as Las Lomas. Muni-Financial, an independent financial consultant, was hired to prepare the engineer's report for the two districts. The engineer's report and the levies must be approved by Council annually. This is done in a two-step process. Tonight, there are three resolutions for each district (a total of 6 resolutions in all) that must be passed in order to continue the assessments within the districts. The resolutions passed tonight will also establish the date and time for the public hearing. The public hearing is tentatively scheduled for May 27, 2008, at 6:00 p.m., at which time the final resolutions will be presented to the Council for passage. The proposed assessments for fiscal year 2008/2009 are less than the Maximum Assessment Rate. In accordance with the formula voters of the district adopted in 2005, the City may increase the Maximum Assessment Rate for inflation by the greater of the Consumer Price Index (CPI) or 3.0%. The Maximum Assessment Rate was increased by 3.0% this year for both districts. Because the City has not yet accepted the improvements on either district, the Street and Storm Drain District was assessed at a minimal level this year and the Landscape and Lighting District now has a surplus fund balance. City staff held a neighborhood meeting to receive input from the property owners as to the preference on how to treat the surplus in the Landscape and Lighting District. The property owners in attendance preferred an assessment at 50% of the allowable annual maximum this year, with additional expected reduced assessments in the future. Amount Per EBU Amount Per EBU District Maximum Assessment Proposed Assessment Fiscal Year 2008-09 Fiscal Year 2008-09 Atascadero Street and Storm Drain Maintenance District No. $545.21 $176.14 02 Las Lomas Atascadero Landscape and Lighting Maintenance District No. $1,353.90 $676.95 02 Las Lomas FISCAL IMPACT: Annual assessments for 2008/2009 will total $40,820 for road/drainage system maintenance and $156,885 for landscape and lighting maintenance. These amounts will be assessed to the owners of parcels in Woodridge. The City General Fund will contribute $3,769 toward the cost of the trails, once these improvements are accepted by the City. ATTACHMENTS: 1. Draft Resolution A - initiating proceedings for the levy and collection of annual assessments for Atascadero Street and Storm Drain Maintenance District No. 02 (Woodridge) for fiscal year 2008/2009 2. Draft Resolution B - accepting and preliminarily approving the Engineer's Annual Levy Report regarding the Atascadero Street and Storm Drain Maintenance District No. 02 (Woodridge) 3. Draft Resolution C - declaring the City's intention to levy and collect annual assessments within Atascadero Street and Storm Drain Maintenance District No. 02 (Woodridge) in fiscal year 2008/2009, and to appoint a time and place for the public hearing on these matters 4. Engineer's Annual Levy Report- for the levy and collection of fiscal year 2008/2009 assessments for Atascadero Street and Storm Drain Maintenance District No. 02 (Woodridge) 5. Draft Resolution D - initiating proceedings for annual levy of assessments for the Atascadero Landscaping and Lighting Maintenance District No. 02 (Woodridge) for fiscal year 2008/2009 pursuant to the provisions of Part 2 of Division 15 of the California Streets and Highways Code 6. Draft Resolution E - preliminary approval of the Annual Engineer's Levy Report for Atascadero Landscaping and Lighting Maintenance District No. 02 (Woodridge) for fiscal year 2008/2009 7. Draft Resolution F - declaring the City's intention to levy and collect assessments for the Atascadero Landscaping and Lighting Maintenance District No. 02 (Woodridge) for fiscal year 2008/2009 8. Engineer's Annual Levy Report- for the levy and collection of fiscal year 2008/2009 assessments for Atascadero Landscaping and Lighting District No. 02 (Woodridge) DRAFT RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, INITIATING PROCEEDINGS FOR THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS FOR ATASCADERO STREET AND STORM DRAIN MAINTENANCE DISTRICT NO. 02 (WOODRIDGE) FOR FISCAL YEAR 2008/2009. The City Council of the City of Atascadero (hereafter referred to as "City Council") hereby finds, determines,resolves and orders as follows: WHEREAS, the City Council pursuant to the provisions of the Benefit Assessment Act of 1982, Chapter 6.4 of the California Government Code, beginning with Section 54703 (hereafter referred to as the "1982 Act") formed an assessment district to be designated as Atascadero Street and Storm Drain Maintenance District No. 02 (Woodridge) (hereafter referred to as the "District"), for the purpose of funding the ongoing operation, maintenance and servicing of public streets, sidewalks, storm drain and flood control facilities installed in conjunction with the development of properties known as Tract 2525-1; and to levy and collect annual assessments related thereto. The 1982 Act provides for the formation of such an assessment district pursuant to Article 3 Section 54710, and provides for the levy and collection of assessments by the County on behalf of the City pursuant to Article 4 Section 54718; and, WHEREAS, the City Council has retained MuniFinancial as the Engineer of Work, for the purpose of assisting with the administration of the District, the establishment of annual assessments, and to prepare and file an Engineer's Report with the City Clerk in accordance with the 1982 Act; and in accordance with the requirements of the California Constitution, Articles XIIIC and XIIID; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Atascadero as follows: SECTION 1. The City Council hereby orders the Engineer to prepare and file an Engineer's Annual Levy Report concerning the levy of assessments for properties within the District as specified by Article 4 Section 54716 of the 1982 Act. SECTION 2. The District improvements include the ongoing operation, administration, maintenance and servicing of the public streets, drainage and flood control systems and appurtenant facilities authorized pursuant to the 1982 Act that were installed as part of property development and associated with the District. Said improvements may include, but are not limited to pavement, curbs, sidewalks, hardscape, bridges, fencing, signage, drains, pipes, inlets, outlets, catch basins, drainage basins, manholes, and associated appurtenant facilities located within the public street right-of-ways and other public easements within the District, and dedicated to the City of Atascadero for such maintenance. SECTION 3. The territory within Atascadero Street and Storm Drain Maintenance District No. 02 (Woodridge) consists of lots, parcels and subdivisions of land located in the development known as Tract 2525-1. On motion by Council Member and seconded by Council Member , the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: Mike Brennler, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Brian A. Pierik, City Attorney DRAFT RESOLUTION B RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, ACCEPTING AND PRELIMINARILY APPROVING THE ENGINEER'S ANNUAL LEVY REPORT REGARDING THE ATASCADERO STREET AND STORM DRAIN MAINTENANCE DISTRICT NO. 02 (WOODRIDGE). The City Council of the City of Atascadero (hereafter referred to as "City Council")hereby finds, determines, resolves and orders as follows: WHEREAS, the City Council has, by previous Resolution, ordered the preparation of an Engineer's Annual Levy Report (hereafter referred to as the "Report") regarding the assessment district to be designated as the Atascadero Street and Storm Drain Maintenance District No. 02 (Woodridge) (hereafter referred to as the "District"), and the levy and collection of assessments related thereto, pursuant to the provisions of the Benefit Assessment Act of 1982, Chapter 6.4 of the California Government Code, beginning with Section 54703 (hereafter referred to as the 111982 Act"); and, WHEREAS, there has now been presented to this City Council the Report as specified by Article 4 Section 54716 of said 1982 Act; and, WHEREAS, the City Council has carefully examined and reviewed the Report as presented, and is preliminarily satisfied with the District and the budget items and documents as set forth therein, and is satisfied that the proposed assessments have been spread in accordance with the special benefits received from the improvements, operation, administration, maintenance and services to be performed within the District, as set forth in said Report. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Atascadero as follows: SECTION 1. The preceding recitals are true and correct. SECTION 2. That the Report as presented, consists of the following: a. A Description of Improvements. b. A Boundary Diagram of the District. C. The Method of Apportionment that details the method of calculating each parcel's proportional special benefits and annual assessment. d. The proposed Budget (Costs and Expenses) and the duration and collection of assessments. e. The District Roll containing the Levy for each Assessor Parcel Number within the District for fiscal year 2008/2009. SECTION 3. The Report is hereby approved on a preliminary basis, and ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection. SECTION 4. The Maximum Assessment described in the Report is hereby approved on a preliminary basis. SECTION 5. The City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the presentation of the Report. On motion by Council Member and seconded by Council Member , the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: Mike Brennler, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Brian A. Pierik, City Attorney DRAFT RESOLUTION C RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT ANNUAL ASSESSMENTS WITHIN ATASCADERO STREET AND STORM DRAIN MAINTENANCE DISTRICT NO. 02 (WOODRIDGE) IN FISCAL YEAR 2008/2009, AND TO APPOINT A TIME AND PLACE FOR THE PUBLIC HEARING ON THESE MATTERS. The City Council of the City of Atascadero (hereafter referred to as "City Council")hereby finds, determines,resolves and orders as follows: WHEREAS, the City Council pursuant to the provisions of the Benefit Assessment Act of 1982, Chapter 6.4 of the California Government Code, beginning with Section 54703 (hereafter referred to as the "1982 Act") did by previous Resolution approve the levy and collection of annual assessments to pay for the operation, maintenance and servicing of public streets, drainage and flood control systems and appurtenant facilities related thereto for the assessment district designated as Atascadero Street and Storm Drain Maintenance District No. 02 (Woodridge) (hereafter referred to as the "District"); and, WHEREAS, the Engineer selected by the City Council has prepared and filed with the City Clerk a Report in connection with the proposed District, and the levy of assessments for Fiscal Year 2008/2009 (July 1, 2008 and ending June 30, 2009) in accordance with Chapter 1, Article 4 of the 1982 Act and in accordance with the requirements of the California Constitution, Articles XIIIC and XHID, and the City Council did by previous Resolution preliminarily approve such Report. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Atascadero as follows: .SECTION 1. The City Council hereby declares its intention to seek the annual levy of the District pursuant to the 1982 Act, over and including the land within the District boundary, and to levy and collect special benefit assessments on parcels of land within the District to pay for the costs and expenses associated with the operation, maintenance, repair and servicing of public streets, drainage and flood control systems and appurtenant facilities related thereto. SECTION 2. The District improvements include the ongoing operation, administration, maintenance and servicing of the public streets, drainage and flood control systems and appurtenant facilities authorized pursuant to the 1982 Act that were installed as part of property development and associated with the District. Said improvements may include, but are not limited to pavement, curbs, sidewalks, hardscape, bridges, fencing, signage, drains, pipes, inlets, outlets, catch basins, drainage basins, manholes, and associated appurtenant facilities located within the public street right-of-ways and other public easements within the District, and dedicated to the City of Atascadero for such maintenance. The Engineer's Report, as ordered by previous Resolution, provides a full and complete description of the improvements within the District. SECTION 3. The proposed territory within Street and Storm Drain Maintenance District No. 02 (Woodridge) consists of lots, parcels and subdivisions of land located in the development known as Tract 2525-1. SECTION 4. The proposed assessments for the District are outlined in the Engineer's Report. The Report details the proposed assessments necessary to provide for the annual operation, administration, services and maintenance of the improvements described in Section 2 of this Resolution. SECTION 5. Notice is hereby given that a Public Hearing on these matters will be held by the City Council on Tuesday, May 27, 2008 at 6:00 p.m. or as soon thereafter as feasible in the regular meeting chambers of the City Council located at 6907 El Camino Real, Atascadero, California, in accordance with Government Code, Section 53753 and California Constitution, Article XIIID, Section 4(e). The City shall give notice of the time and place of the Public Hearing by posting a copy of this resolution on the official bulletin board customarily used by the Council for the posting of notices and by publishing this resolution in a local newspaper pursuant to Government Code Section 6066 as outlined in the 1982 Act. At the Public Hearing, interested persons shall be permitted to present written and/or oral testimony. On motion by Council Member and seconded by Council Member , the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: ATTEST Mike Brennler, Mayor Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Brian A. Pierik, City Attorney DRAFT RESOLUTION D RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, INITIATING PROCEEDINGS FOR ANNUAL LEVY OF ASSESSMENTS FOR THE ATASCADERO LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 02 (WOODRIDGE) FOR FISCAL YEAR 2008/2009 PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE. The City Council of the City of Atascadero (hereafter referred to as "City Council") hereby finds, determines,resolves and orders as follows: WHEREAS, the City Council has, by previous Resolutions, formed the Atascadero Landscaping and Lighting Maintenance District No. 02 (Woodridge) (hereafter referred to as "District") pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (hereafter referred to as the "Act") that provides for levy and collection of assessments by the County of San Luis Obispo for the City of Atascadero to pay the maintenance and services of lighting facilities, landscaping, and appurtenant facilities and operations related thereto; and, WHEREAS, the District and the associated assessments are in compliance with the provisions of California Constitution Article XIIID; and, WHEREAS, the City Council has retained MuniFinancial for the purpose of assisting with the Annual Levy of the District and to prepare and file a report with the City Clerk in accordance with the Act; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Atascadero as follows: SECTION 1. Engineer's Annual Levy Report: The City Council hereby orders MuniFinancial to prepare the Engineer's Annual Levy Report concerning the levy of assessments for the District in accordance with Chapter 3, Section 22622 of the Act. SECTION 2. Proposed Improvements and Any Substantial Changes in Existing Improvements: The improvements within the District include the ongoing operation, administration, maintenance, servicing and incidental expenses related to the dedicated landscape areas, public street lighting and appurtenant facilities authorized pursuant to the Act that were installed as part of property development and associated with the District. Said improvements may include, but are not limited to the materials, equipment, utilities, labor, appurtenant facilities and expenses necessary for the ongoing maintenance and operation of public street lighting as well as landscaped parkways, medians, slopes, trails, park areas, drainage basins, open space areas and other designated easements or right-of-ways constructed and installed as part of the development plans and agreements approved for the development of each lot and parcel within the District. The Engineer's Annual Levy Report describes all new improvements or substantial changes in existing improvements. On motion by Council Member and seconded by Council Member , the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: Mike Brennler, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Brian A. Pierik, City Attorney DRAFT RESOLUTION E RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, FOR PRELIMINARY APPROVAL OF THE ENGINEER'S ANNUAL LEVY REPORT FOR THE ATASCADERO LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 02 (WOODRIDGE) FOR FISCAL YEAR 2008/2009. The City Council of the City of Atascadero (hereafter referred to as "City Council") does resolve as follows: WHEREAS,the City Council has, by previous Resolutions, ordered the preparation of an Engineer's Annual Levy Report (hereafter referred to as the "Report") for the district known and designated as the Atascadero Landscaping and Lighting Maintenance District No. 02 (Woodridge) (hereafter referred to as the "District") pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division of the Streets and Highways Code of California, beginning with Section 22500 (hereafter referred to as the"Act"); and, WHEREAS the District and the associated assessments are in compliance with the provisions of California Constitution Article XIIID; and, WHEREAS, the City Council has now been presented with the Report as required by Chapter 1, Article 4, Section 22566 of said Act; and, WHEREAS the City Council has carefully examined and reviewed the Report as presented and is preliminarily satisfied with the District, each of the budget items and documents as set forth therein and is satisfied on a preliminary basis that the proposed assessments have been spread in accordance with the benefits received from the improvements, operation, maintenance, and services to be performed within each benefit zone as set forth in said Report; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Atascadero as follows: SECTION 1. The above recitals are true and correct. SECTION 2. That the presented Report consists of the following: a. A Description of the Improvements b. The Annual Budget(Costs and Expenses of Services, Operation, and Maintenance) c. The Method of Apportionment that details the method of calculating each parcel's proportional special benefits and annual assessment. d. The District Roll containing the proposed assessment for each parcel within the District for Fiscal Year 2008/2009. SECTION 3. The Report is hereby approved on a preliminary basis and ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection. SECTION 4. That the City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the presentation of the Report. On motion by Council Member and seconded by Council Member , the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: Mike Brennler, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Brian A. Pierik, City Attorney DRAFT RESOLUTION F RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR THE ATASCADERO LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 02 (WOODRIDGE) FOR FISCAL YEAR 2008/2009. The City Council of the City of Atascadero (hereafter referred to as "City Council") does resolve as follows: WHEREAS, The City Council has by previous Resolution initiated proceedings for fiscal year 2008/2009 regarding the levy and collection of assessments for the Atascadero Landscaping and Lighting District No. 02 (Woodridge) (hereafter referred to as the "District"). Pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with section 22500) (hereafter referred to as the "Act"), assessments for the District shall be levied and collected by the County of San Luis Obispo for the City of Atascadero to pay the maintenance and services of the improvements and facilities related thereto; and, WHEREAS, the proposed District assessments for fiscal year 2008/2009 are less than or equal to the maximum assessments previously approved in accordance with the requirements of the California Constitution, Article X1IID; and, WHEREAS, there has now been presented to this City Council an Engineer's Annual Levy Report (hereafter referred to as the "Engineer's Report"), and said Engineer's Report has been filed with the City Clerk in accordance with the Act; and, WHEREAS, the City Council has examined and reviewed the Engineer's Report as presented and is satisfied with the District, each of the budget items and documents as set forth therein and is satisfied that the proposed assessments contained therein, have been spread in accordance with the benefits received from the improvements, operation, maintenance and services to be performed within the District, as set forth in said Report. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero pursuant to Chapter 3, Section 22624 of the Act, as follows: SECTION 1. The above recitals are true and correct. SECTION 2. The City Council hereby declares its intention to seek the annual levy and collection of assessments within the District pursuant to the Act, over and including the lands, lots and parcels within the District boundary. The City Council further declares its intention to levy and collect assessments on such land to pay the annual costs and expenses of the improvements and services described in Section 4 of this Resolution, for fiscal year 2008/2009. SECTION 3. The boundaries of the District are described in the Engineer's Report and are consistent with the boundary established and described in the original formation documents, on file with the City Clerk, and incorporated herein by reference. The District is within the boundaries of the City of Atascadero, within the County of San Luis Obispo, State of California and includes the territory known as Woodridge and referred to as the "Atascadero Landscaping and Lighting District No. 02". SECTION 4. The improvements within the District include the ongoing maintenance, operation and servicing of local landscaping and street lighting improvements established or installed in connection with development of properties within the District. These improvements generally include, but are not limited to the materials, equipment, utilities, labor, appurtenant facilities and expenses necessary for the ongoing maintenance and operation of public street lighting as well as landscaped parkways, medians, slopes, trails, park areas, drainage basins, open space areas and other designated easements or right-of-ways constructed and installed as part of the development plans and agreements approved for the development of each lot and parcel within the District. SECTION 5. The proposed assessments for fiscal year 2008/2009, as outlined in the Engineer's Report, do not exceed the maximum assessment approved by the property owners through a property owner balloting proceeding conducted in 2005. As such, the proposed assessments do not constitute an increased assessment and do not require additional property owner approval in accordance with the requirements of the California Constitution, Article XIIID. SECTION 6. The City Council hereby declares its intention to conduct a Public Hearing concerning the District and the levy of assessments in accordance with Chapter 3, Section 22626 of the Act. SECTION 7. Notice is hereby given that a Public Hearing on these matters will be held by the City Council on Tuesday, May 27, 2008, at 6:00 p.m., at the City Council Chambers, 6907 El Camino Real, Atascadero, California or as soon thereafter as feasible. SECTION 8. The City Council hereby authorizes and directs the City Clerk to give notice of the time and place of the Public Hearing to all property owners within the District pursuant to Sections 22626, 22552 and 22553 of the Act and 6061 of the Government Code. The City Clerk shall give notice to all property owners by: causing notice of the public hearing to be published in the local newspaper one time at least 10 days prior to the Public Hearing; and,posting a copy of this resolution on the official bulletin board (s) customarily used for posting such notices. On motion by Council Member and seconded by Council Member , the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: Mike Brennler, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Brian A. Pierik, City Attorney ITEM NUMBER: A-3 DATE: 4/22/08 14' iafs X'S C" Atascadero City Council Staff Report— Fire Department Weed/Refuse Abatement Program RECOMMENDATION: Council adopt the draft Resolution, declaring vegetative growth and/or refuse a public nuisance, commencing proceedings for the abatement of said nuisances, and placing all abatement fees on the San Luis Obispo County Special Tax Assessment for the fiscal year 2008-2009 Tax Roll. DISCUSSION: The Atascadero Municipal Code, Section 6-13.03, addresses the abatement of vegetative growth and/or refuse, which constitute a hazard. Adoption of the proposed Resolution is the first step in this annual program, which requires City Council action. The Fire Department conducted its initial inspection during the month of April. There are approximately 11,059 parcels within the City. The list of parcels identified to have vegetative growth and/or refuse, which are or may become a public nuisance, is available for review in the Office of the City Clerk and the Atascadero City Fire Department. FISCAL IMPACT: The City recovers costs for administering this program through the 150% administrative fee, which is placed on the San Luis Obispo County Special Tax Assessment for the fiscal year 2008-2009 Tax Roll. ATTACHMENTS: Draft Resolution Vegetative Growth Notice Vegetative Growth / Refuse Notice DRAFT RESOLUTION RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, DECLARING VEGETATIVE GROWTH AND/OR REFUSE A PUBLIC NUISANCE WHEREAS, the City of Atascadero Fire Department is commencing proceedings for the abatement of said nuisances; and WHEREAS, abatement fees will be placed on the San Luis Obispo County Special Tax Assessment for the Fiscal Year 2008-2009 tax roll, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Atascadero: SECTION 1. That vegetative growth and/or refuse are a public nuisance and hereby declare to be such for the reasons that vegetative growth may attain such a large growth as to become a fire menace and/or drainage restriction, when mature, and said refuse may become a public nuisance, thereby creating a hazard to public health. The City Council of the City of Atascadero finds and declares that vegetative growth and/or refuse on specified parcels of property are seasonal and recurrent nuisances. Such seasonal and recurrent nuisances shall be abated in accordance with the provisions of City and State laws. No further hearings need to be held, and it shall be sufficient to mail a notice to the owner of the property as their address appears upon the current assessment roll. SECTION 2. A description of the parcel of lots of private property upon which, or in front of which, said nuisances exist, according to the official Assessment Map of said City of Atascadero, shall be posted annually in the office of the City Clerk and referred to as Exhibit A (Vegetative Growth) and Exhibit B (Weeds & Refuse). SECTION 3. The City Clerk or designee is hereby ordered and directed to mail written notices of the proposed abatement to all persons owning property described in accordance with Section 6-13.08 of the Atascadero Municipal Code. SECTION 4. Pursuant to Section 6-13.10 of the Atascadero Municipal Code, the City Council shall hear and consider all objections or protests to the required removal of said vegetative growth and/or refuse. The City Clerk shall post a copy of the public hearing notice in accordance with the Ralph M. Brown Act. SECTION 5. Pursuant to Section 6-13.17 of the Atascadero Municipal Code, if the owner does not abate the hazard, it will be abated by the city contractor. The cost of the abatement plus a 150% administrative fee and county fee will be assessed upon the county property tax bill, and constitute a lien upon such land until paid. Draft Resolution Page Two On motion by Council Member and seconded by Council Member , the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: Mike Brennler, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Brian Pierik, City Attorney Draft Resolution Page Three Due to the length of Exhibits A and B, they are not included as attachments. Complete copies of these exhibits are available for review in the Office of the City Clerk. l City of Atascadero Fire Department .1918 4 �7 NOTICE Dear Atascadero Property Owner: Weed Abatement season has arrived and parcel inspections were performed throughout the City during the first two weeks of April. The City's Municipal Code, Section 6-13.08, requires this notification, which enables the Fire Department to abate dry noxious weeds in an effort to make our neighborhoods safer in the event of a fire. THE DEADLINE FOR COMPLIANCE IS JUNE 1, 2008 PLEASE DISREGARD THIS NOTICE IF YOU HAVE CUT YOUR WEEDS WE THANK YOU FOR YOUR ASSISTANCE IN MAKING THE CITY OF ATASCADERO SAFER DURING THE FIRE SEASON NOTICE TO REMOVE VEGETATIVE GROWTH (NOXIOUS WEEDS) AND/OR REFUSE Notice is hereby given that on the 22nd day of April 2008, the City Council passed a resolution declaring that vegetative growth (noxious weeds) and refuse constitute a fire hazard, and health and safety hazard, which must be abated by the cutting of said noxious weeds, and removal of said health and safety hazard. If the owner does not comply by June 1, 2008, it will be abated by the city, and the cost of the abatement will be billed to the property owner directly, or assessed upon the county property tax bill, and will constitute a lien upon such land until paid. The City recovers costs for administering this program through a 150% administrative fee. Reference is hereby made to the Resolution for further particulars and Municipal Code Sections 6-13.01 through 6-13.17. A copy of said Resolution is on file in the Office of the City Clerk. All property owners having any objections to the proposed removal of the health hazard are hereby notified to attend a meeting of the City Council of the City of Atascadero to be held on May 13, 2008 at 7:00 p.m. when their objections will be heard and given due consideration. Dated:This 23rd day of April, 2008 /s/Kurt W. Stone Fire Chief City of Atascadero, California 6005 LEWIS AVENUE —ATASCADERO, CA 93422 —(805) 461-5070—FAX (805) 466-2907 Questions regarding weed abatement may be directed to 805-461-5070 or by writing to: City of Atascadero Fire Department,Attn:Fire Marshal,6005 Lewis Avenue,Atascadero CA 93422 City of Atascadero 9 M 1C�f{0 PSC ��"�� a ,, . � �. Fire Department 197 NOTICE Dear Atascadero Property Owner: Weed Abatement season has arrived and parcel inspections were performed throughout the City during the first two weeks of April. The City's Municipal Code, Section 6-13.08, requires this notification, which enables the Fire Department to abate dry noxious weeds in an effort to make our neighborhoods safer in the event of a fire. THE DEADLINE FOR COMPLIANCE IS JUNE 1, 2008 PLEASE DISREGARD THIS NOTICE IF YOU HAVE CUT YOUR WEEDS WE THANK YOU FOR YOUR ASSISTANCE IN MAKING THE CITY OF ATASCADERO SAFER DURING THE FIRE SEASON NOTICE TO REMOVE VEGETATIVE GROWTH (NOXIOUS WEEDS) Notice is hereby given that on the 22"d day of April 2008, the City Council passed a resolution declaring that vegetative growth (noxious weeds) constitutes a fire hazard, which must be abated by the cutting of said vegetative growth (noxious weeds). If the owner does not abate the hazard, it will be abated by the City, and the cost of the abatement will be billed to the property owner directly, or assessed upon the county property tax bill, and will constitute a lien upon such land until paid. The City recovers costs for administering this program through a 150% administrative fee. Reference is hereby made to the Resolution for further particulars and Municipal Code Sections 6-13.01 through 6-13.17. A copy of said Resolution is on file in the Office of the City Clerk. All property owners having any objections to the proposed removal of the health hazard are hereby notified to attend a meeting of the City Council of the City of Atascadero to be held on May 13,2008 at 7:00 p.m. when their objections will be heard and given due consideration. Dated: This 23rd day of April, 2008 /s/Kurt W. Stone Fire Chief City of Atascadero, California 6005 LEWIS AVENUE—ATASCADERO, CA 93422 —(805) 461-5070—FAX (805) 466-2907 The deadline for weed/refuse abatement compliance is June 1, 2008 On June 2, 2008, the City's contractor begins the abatement process for parcels that are not in compliance. The contractor's fees, as well as applicable City and County fees/fines are assessed on the County's tax roll. The Fire Chief has established the following requirements: CLEARANCE REQUIREMENTS OF VEGETATIVE GROWTH (NOXIOUS WEEDS) a) Maximum height of 4 inches; b) Located within 100 feet of any building or structure, or to the property line, whichever is nearer; c) Located within 50 feet from the edge of any improved roadway; d) Located within 50 feet from each property line; e) Located within 10 feet on each side of driveways. EXEMPTIONS: a) Animal pastures and agricultural fields growing hay or grains. The interior portion of fenced pastures where the quantity of livestock significantly reduces the vegetative growth, therefore bringing the parcel into compliance. Agricultural fields must be cut at harvest time. Uncut hay and grain is subject to abatement. b) Habitat for endangered or threatened species or any species that is a candidate for listing as an endangered or threatened species by the State of California or Federal Government. c) Land kept in a predominantly natural state as habitat for wildlife,plant, or animal communities. d) Open space lands that are environmentally sensitive parklands. e) Other lands having scenic values. Abatement requirements shall remain in effect in waterways where flood preparation measures and emergency flood control mitigation is necessary. 1) This exemption applies whether the land or water are held in fee title or any lesser interest. This exemption applies to any public agency, and private entity that has dedicated the land or water areas to one or more of those purposes or uses, or any combination of public agencies and private entities making that decision. 2) This section shall not be construed to prohibit the use of properly authorized prescribed burning to improve the biological function of land or to assist in the restoration of desired vegetation. 3) In the event that any lands adjacent to land or water areas, as described above, are improved such that they are subject to this chapter, the obligation to comply with Section 6-13.04 shall be with the person owning, leasing, controlling, operating, or maintaining the occupied dwelling or occupied structure on the improved lands. All maintenance, activities, and other fire prevention measures required by Section 6-13.04 shall be required only for the improved land, and water areas as described above. Questions regarding weed abatement may be directed to 805-461-5070 or by writing to: City of Atascadero, Fire Department, Fire Marshal, 6005 Lewis Ave., Atascadero, CA 93422. ITEM NUMBER: A-4 DATE: 04/22/08 Qanfnn`m � og� isis ""i m: 1979 Atascadero City Council Staff Report- City Attorney Proposed Ordinance to Amend Title 12, Chapter 1 of the Atascadero Municipal Code Pertaining to Attorneys' Fees (Ordinance, if adopted, would allow the "prevailing party" to recover attorneys' fees in civil and administrative nuisance abatement actions) RECOMMENDATION: Council adopt on second reading, by title only, the Draft Ordinance amending Section 12-1.06 and adding Section 12-1.08 of Title 12, Chapter 1 of the Atascadero Municipal Code pertaining to attorneys' fees. DISCUSSION: Municipal Code section 12-1.06 currently allows the City to recover attorneys' fees in a civil action, but does not expressly allow a "prevailing party" to recover attorneys' fees. The Municipal Code is silent regarding the recovery of attorneys' fees in administrative proceedings and special proceedings to abate public nuisances. The purpose of this ordinance is to amend section 12-1.06 and add section 12-1.08 to state that a "prevailing party" can recover attorneys' fees in civil and administrative nuisance abatement actions and to ensure that the Municipal Code is consistent with Government Code section 38773.5 and the Padgett holding. The City would likely be unable to recover attorneys' fees in a nuisance abatement action under the Municipal Code's existing provisions. The City Council introduced this ordinance for first reading on March 25, 2008, and if adopted on second reading on April 22, 2008, will go into effect on May 22, 2008. FISCAL IMPACT: The ordinance would allow the City to recover its attorneys' fees if it is the prevailing party in a nuisance abatement action. The exact fiscal impact cannot be determined in advance of a particular nuisance abatement action. ALTERNATIVES: 1. Submit and introduce an amended version of the proposed ordinance. 2. Take no action. ATTACHMENT: Draft Ordinance DRAFT ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AMENDING SECTION 12-1.06 AND ADDING SECTION 12-1.08 OF TITLE 12, CHAPTER 1 OF THE ATASCADERO MUNICIPAL CODE PERTAINING TO ATTORNEYS' FEES WHEREAS, Article XI, Section 7 of the California Constitution authorizes the City to enact and enforce ordinances that regulate conditions which may be public nuisances or health hazards, or that promote social, economic or aesthetic considerations; and, WHEREAS, California Government Code section 38773.5 authorizes cities to pass ordinances that provide for the recovery of attorneys' fees in any action, administrative proceeding, or special proceeding to abate a nuisance; and, WHEREAS, California Government Code section 38773.5 requires that any such municipal ordinance provide for the recovery of attorneys' fees by the prevailing party; and, WHEREAS, the Atascadero Municipal Code does not expressly use the term "prevailing party" in providing for attorneys' fees in civil nuisance abatement actions and is silent regarding attorneys' fees in administrative and special proceedings to abate public nuisances. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY ORDAINS AS FOLLOWS: SECTION ONE. Findings. The City Council hereby incorporates the foregoing recitals and finds that this amendment and addition to the Municipal Code are necessary to ensure that the Municipal Code complies with Government Code section 38773.5 when providing for the recovery of attorneys' fees in nuisance abatement actions. SECTION TWO. Adoption. The City Council of the City of Atascadero hereby amends Title 12, Chapter 1 of the Municipal Code as follows: Section 12-1.06 of the Atascadero Municipal Code is amended to read as follows: Section 12-1.06 Civil action. The City Attorney, by and at the request of the City Council or City staff, may institute an action in any court of competent jurisdiction to restrain, enjoin or abate the condition(s) found to be in violation of the provisions of this Code, as provided by law. In any civil action commenced by the City to abate a public nuisance, to enjoin violation of any provision of this Code, or to collect a civil debt owing to the City, the City shall be entitled to recover from the defendant in any such action all costs incurred therein, including reasonable attorneys' fees and costs of suit, subject to section 12-1.08 of this Code. Section 12-1.08 of the Atascadero Municipal Code is added to read as follows: Section 12-1.08 Attorneys' fees. In any action, administrative proceeding, or special proceeding brought to abate a public nuisance, the prevailing party will be entitled to recover attorneys' fees, provided that attorneys' fees will only be available in those actions or proceedings in which the City has provided notice at the commencement of such action or proceeding that it intends to seek and recover its own attorneys' fees. In no action or proceeding will an award of attorneys' fees exceed the amount of reasonable attorneys' fees incurred by the City in the action or proceeding. SECTION THREE. A summary of this ordinance, approved by the City Attorney, together with the ayes and noes, must be published twice: at least five (5) days prior to its final passage in the Atascadero News, a newspaper published and circulated in the City of Atascadero, and, before the expiration of fifteen (15) days after its final passage, in the Atascadero News. A copy of the full text of this ordinance must be on file in the City Clerk's Office on and after the date following introduction and passage and must be available to any interested member of the public. INTRODUCED at a regular meeting of the City Council held on , and PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: CITY OF ATASCADERO Marcia McClure Torgerson, C.M.C., Mike Brennler, Mayor City Clerk APPROVED AS TO FORM: Brian Pierik, City Attorney ITEM NUMBER: A-5 DATE: 04/22/08 _ x � r X71a 7 Atascadero City Council Staff Report— Community Development Department TPM 2002-0032 Final Map Acceptance Clarification Resolution Traffic Way Park Dedication RECOMMENDATION: Council approve draft Resolution A accepting the dedication of a 1.71 acre gross public park dedication on Traffic Way as part of Tentative Parcel Map 2002-0032 (AT 02-278). DISCUSSION: Background: Tentative Parcel Map 2002-0032 created four 1.5± acre parcels on Traffic Way. The map was approved by the Planning Commission in March of 2003. The map was conditioned to provide for the dedication of Parcel 4 as a public park. When the Final Map was recorded in July 2003, the County assessor raised a concern regarding the description of the dedication of the park on the owner's statement. The Assessor's position was that the owner statement implied the park dedication was for an easement even though on page 3 of the map the parcel was offered for dedication in fee (as real property) to the City. Staff has been working for some time with the Assessor to resolve this issue and convey the park parcel to the City in fee. Steve Wolfinger, the Assessor's Assessment Manager has agreed that Council approval of the attached resolution would adequately clarify the intent of the wording on the owner's statement and allow the Assessor to transfer the property to the City. Conclusion: Council approval of the attached resolution will allow this outstanding park dedication issue to be resolved. The City does not have any current plans to improve the park and will maintain it as passive open space in the short term. ITEM NUMBER: A-5 DATE: 04/22/08 FISCAL IMPACT Acceptance of the property will obligate the City to maintain the property. Staff estimates the cost of maintaining 1.5 acres of unimproved parkland to be approximately $2000 annually. If the property is improved as a park in the future, the maintenance costs will be significantly higher. ATTACHMENTS: 1. Recorded Final Map AT 02-278 2. Draft Resolution A ITEM NUMBER: A-5 DATE: 04/22/08 Parcel Map AT 02-278 Page 1 j4 0 ner W w s t m ,Vbil Fstae ent A 4 4 A �11 4 C-� r4 En 6 �A, -i.!P A 2m E Avn o. 0 S 'N s 4-i-x,; e V OM 9�: 0 r-4 Co ITEM NUMBER: A-5 DATE: 04/22/08 Parcel Map AT 02-278 Page 2 PUTRFJK) z X "N, b Ile 4vlb V., Cu C u,5; W5 411 t; S;4 z�tj Q -u md ITEM NUMBER: A-5 DATE: 04/22/08 Parcel Map AT 02-278 Page 3 rfrl� I y W r J v ^' t SAN 6ENETO ROAD 0 POTEiERO ROAD q � ' �t� 4V \ V 7 �g�w ♦ I i �'a 'moi {------------- 14 i i1 n 1, 1 / l'4 C Ii JL h '• �' g a ocIt N ,11""1 F 11 ,n tt � r tOffer of III [( dedication of e v parcel as as {( a 1 a park � � a :Q ,- A a o r u sg a s t <' Cl 000 ROAD s N p \l 3 _., 4 — SAN BENITO ROAD $ Qo /Y e <: Y 1 f', . 51? ITEM NUMBER: A-5 DATE: 04/22/08 Draft Resolution A This document is recorded for the benefit of the City of Atascadero and is exempt from recording fees pursuant to Government Code Sections 6103 and 27383. RECORDING REQUESTED BY: City of Atascadero (RAB 2004-0015) WHEN RECORDED MAIL TO: City of Atascadero City Clerk's Office 6907 EI Camino Real Space above reserved for use of County Atascadero, CA 93422 Recorder RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO ACCEPTING OFFERS TO DEDICATE AS RECORDED ON PARCEL MAP AT 02-0278 The following resolution is hereby offered and reads: WHEREAS, Atascadero Homeowners, LLC, A California Limited Liability Company ("Offeror"), has offered to dedicate a parcel for public park purposes (Parcel 4), streets for public right-of-way purposes, and easements for public drainage, utility, access and incidental uses; and WHEREAS, the City has accepted the offers as of the time of recordation of Parcel Map AT 02-0278 on July 22, 2003; and, WHEREAS, it was the intent of the City of Atascadero to accept the park dedication in fee as of July 16, 2003 and the purpose of this resolution is to clarify that intent; and, NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the City Council of the City of Atascadero, State of California, as follows: Section 1. The City does hereby accept, in fee simple for public park purposes, Parcel 4 of Parcel Map AT 02-0278, as shown on page 3 of the map recorded in Book 59 at page 01 of Parcel Maps in the Office of the County Recorder, San Luis Obispo, State of California and as graphically depicted in Exhibit A attached hereto. ITEM NUMBER: A-5 DATE: 04/22/08 Section 2. The City does hereby accept, in fee simple for public road purposes, the streets as shown on the map recorded in Book 59 at page 01 of Parcel Maps in the Office of the County Recorder, San Luis Obispo, State of California and as graphically depicted in Exhibit A attached hereto. Section 3. The City does hereby accept easements for public drainage, public utilities, and public access as shown on the map recorded in Book 59 at page 01, of Parcel Maps in the Office of the County Recorder, San Luis Obispo, State of California, and as graphically depicted in Exhibit A attached hereto. Section 4. That the City Clerk be, and hereby is, authorized and directed to record a certified copy of this Resolution in the Office of the County Recorder of the County of San Luis Obispo. Section 5. This Resolution shall become effective immediately upon its adoption. Section 6. The City Clerk shall certify the adoption of this Resolution. On motion by Council Member and seconded by Council Member the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: Council Members NOES: ABSENT: ADOPTED: ATTEST: CITY OF ATASCADERO By: Marcia McClure Torgerson, C.M.C., Mike Brennler, Mayor City Clerk APPROVED AS TO FORM: Brian Pierik City Attorney ITEM NUMBER: A-5 DATE: 04/22/08 Exhibit A: Final Map AT 02-278 6 12 q A 9�, A �i 52 2� lop �X 7,s'� p"'i 2 jqP, 4,'2 ua-, AM I '2 i p" 0 9 0 X3 X 97� KA 'A 9, 9-2 A �-;44�V ��-i , �q Z6 rq 1,7 2 r, XA, �vl T 'S zt ZZ, ;01, �'g 2 C', -9 A N;f L P m 2 ,;s V, 41 -1 io L2 u ...................... .............. ITEM NUMBER: A-5 DATE: 04/22108 Exhibit A: Final Map AT 02-278 POTKAO z ip, 2 cc C7 NN Nb� uj r pis' S ,J. %;, All I -4T mw 9f J".,x 4 Ot- I ?qA CO CD ITEM NUMBER: A-5 DATE: 04/22/08 Exhibit A: Final Map AT 02-278 So t r SAN BENpTO ROAD POTRERO ROAD 2,1 e a a 4 Q'm nr 1y� T ry�'�.«o 1... 17 fn - - ,. 7 � t rn t a . gm 8 Dq f(f( 1 b �« R s 5� V. �a� cFnco ecnAr a t b y — — r e -- SAN BEN€rO ROAO y! A Q._..,__ .�.�.__ ,-, ,._ w... ....._.. ._...,.. �y 3 — — r .......... ITEM NUMBER: B-1 DATE: 4/22/08 iris m 1979 Atascadero City Council Staff Report - Administrative Services Department De Anza Estates Assessment Districts RECOMMENDATIONS: Council: 1. Adopt Draft Resolution A initiating proceedings for the levy and collection of annual assessments for Atascadero Street and Storm Drain Maintenance District No. 03 (De Anza Estates) for fiscal year 2008/2009. 2. Adopt Draft Resolution B accepting and preliminarily approving the Engineer's Annual Levy Report regarding the Atascadero Street and Storm Drain Maintenance District No. 03 (De Anza Estates). 3. Adopt Draft Resolution C declaring the City's intention to levy and collect annual assessments within Atascadero Street and Storm Drain Maintenance District No. 03 (De Anza Estates) in fiscal year 2008/2009, and to appoint a time and place for the public hearing on these matters. 4. Adopt Draft Resolution D initiating proceedings for annual levy of assessments for the Atascadero Landscaping and Lighting Maintenance District No. 03 (De Anza Estates) for fiscal year 2008/2009 pursuant to the provisions of Part 2 of Division 15 of the California Streets and Highways Code. 5. Adopt Draft Resolution E for preliminary approval of the Annual Engineer's Levy Report for the Atascadero Landscaping and Lighting Maintenance District No. 03 (De Anza Estates) for fiscal year 2008/2009. 6. Adopt Draft Resolution F declaring the City's intention to levy and collect assessments for the Atascadero Landscaping and Lighting Maintenance District No. 03 (De Anza Estates) for fiscal year 2008/2009. DISCUSSION: The City Council formed and began assessing Atascadero Street and Storm Drain Maintenance District No. 03 (De Anza Estates) in 2005. This district was formed to provide funding for future routine maintenance of the streets, storm drains and sidewalks in the De Anza Estates subdivision. The City Council also formed and began assessing Atascadero Landscape and Lighting Maintenance District No. 03 (De Anza Estates) in 2005. This district was formed to provide for funding and maintenance of street trees, open space, park area, medians, walkways, paths and other landscape and lighting improvements within the De Anza Estates subdivision. Muni-Financial, an independent financial consultant, was hired to prepare the engineer's report for the two districts. The engineer's report and the levies must be approved by Council annually. This is done in a two-step process. Tonight, there are three resolutions for each district (a total of 6 resolutions in all) that must be passed in order to continue the assessments within the districts. The resolutions passed tonight will also establish the date and time for the public hearing. The public hearing is tentatively scheduled for May 27, 2008, at 6:00 p.m., at which time the final resolutions will be presented to the Council for passage. In accordance with the formula voters of the district adopted in 2005, the City may increase the Maximum Assessment Rate for inflation by the greater of the Consumer Price Index (CPI) or 3.0%. The Maximum Assessment Rate was increased by 3.0% this year, though the actual assessments for the Street and Storm Drain District remain slightly less than the maximum. Levies for the Landscape and Lighting District have been collected since fiscal year 2005. However, the City did not accept the improvements until fiscal year 2007, therefore, a surplus fund balance exists in the district. City staff held a neighborhood meeting to receive input from the property owners as to the preference on how to treat the surplus. Options included a continued reduced assessment in future years or a one-time refund. Most of the owners that attended the meeting preferred reduced assessments in future years. However, the majority property owner preferred to pay full levies going forward with a one-time refund be issued for the excess. The costs to the District to process the refund are estimated to be $3,000. The staff therefore recommends going with the reduced assessment in order to save the costs to the district and to provide property owners with a gradual increase in assessments to maximum for the next few years. Below is a summary of both proposals. Staff Recommendation Proposed Refund 08-09 08-09 Assessment Assessment Amount Refund Amount Amount Refund Amount Single Family Home $ 479.64 $ - $ 880.31 $ 760.50 Senior Housing Units $ 299.78 $ - $ 550.20 $ 475.31 6-30-09 Fund Balance Available for Reduction of Future Levies $25,800.00 $0.00 FISCAL IMPACT: Annual assessments for 2008/2009 will total $35,454 for road/drainage system maintenance and $30,457 for landscape and lighting maintenance. These amounts will be assessed to the owners of parcels in De Anza Estates. There is no fiscal impact to general residents within the City. ATTACHMENTS: 1. Draft Resolution A - initiating proceedings for the levy and collection of annual assessments for Atascadero Street and Storm Drain Maintenance District No. 03 (De Anza Estates) for fiscal year 2008/2009 2. Draft Resolution B - accepting and preliminarily approving the Engineer's Annual Levy Report regarding the Atascadero Street and Storm Drain Maintenance District No. 03 (De Anza Estates) 3. Draft Resolution C - declaring the City's intention to levy and collect annual assessments within Atascadero Street and Storm Drain Maintenance District No. 03 (De Anza Estates) in fiscal year 2008/2009, and to appoint a time and place for the public hearing on these matters 4. Engineer's Annual Levy Report- for the levy and collection of fiscal year 2008/2009 assessments for Atascadero Street and Storm Drain Maintenance District No. 03 (De Anza Estates) 5. Draft Resolution D - initiating proceedings for annual levy of assessments for the Atascadero Landscaping and Lighting Maintenance District No. 03 (De Anza Estates) for fiscal year 2008/2009 pursuant to the provisions of Part 2 of Division 15 of the California Streets and Highways Code 6. Draft Resolution E - preliminary approval of the Annual Engineer's Levy Report for Atascadero Landscaping and Lighting Maintenance District No. 03 (De Anza Estates) for fiscal year 2008/2009 7. Draft Resolution F - declaring the City's intention to levy and collect .assessments for the Atascadero Landscaping and Lighting Maintenance District No. 03 (De Anza Estates) for fiscal year 2008/2009 8. Engineer's Report- for the levy and collection of fiscal year 2008/2009 assessments for Landscaping and Lighting District No. 03 (De Anza Estates) DRAFT RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, INITIATING PROCEEDINGS FOR THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS FOR ATASCADERO STREET AND STORM DRAIN MAINTENANCE DISTRICT NO. 03 (DE ANZA ESTATES) FOR FISCAL YEAR 2008/2009. The City Council of the City of Atascadero (hereafter referred to as "City Council")hereby finds, determines,resolves and orders as follows: WHEREAS, the City Council pursuant to the provisions of the Benefit Assessment Act of 1982, Chapter 6.4 of the California Government Code, beginning with Section 54703 (hereafter referred to as the "1982 Act") formed an assessment district to be designated as Atascadero Street and Storm Drain Maintenance District No. 03 (De Anza Estates) (hereafter referred to as the "District"), for the purpose of funding the ongoing operation, maintenance and servicing of public streets, sidewalks, storm drain and flood control facilities installed in conjunction with the development of properties known as De Anza Estates Tract 2498; and to levy and collect annual assessments related thereto. The 1982 Act provides for the formation of such an assessment district pursuant to Article 3 Section 54710, and provides for the levy and collection of assessments by the County on behalf of the City pursuant to Article 4 Section 54718; and, WHEREAS, the City Council has retained MuniFinancial as the Engineer of Work, for the purpose of assisting with the administration of the District, the establishment of annual assessments, and to prepare and file an Engineer's Report with the City Clerk in accordance with the 1982 Act; and in accordance with the requirements of the California Constitution, Articles XIIIC and XIIID; NOW THEREFORE BE IT RESOLVED b the Cit Council of the Cit of y y y Atascadero as follows: SECTION 1. The City Council hereby orders the Engineer to prepare and file an Engineer's Annual Levy Report concerning the levy of assessments for properties within the District as specified by Article 4 Section 54716 of the 1982 Act. SECTION 2. The District improvements include the ongoing operation, administration, maintenance and servicing of the public streets, drainage and flood control systems and appurtenant facilities authorized pursuant to the 1982 Act that were installed as part of property development and associated with the District. Said improvements may include, but are not limited to pavement, curbs, sidewalks, hardscape, bridges, fencing, signage, drains, pipes, inlets, outlets, catch basins, drainage basins, manholes, and associated appurtenant facilities located within the public street right-of-ways and other public easements within the District, and dedicated to the City of Atascadero for such maintenance. SECTION 3. The territory within Atascadero Street and Storm Drain Maintenance District No. 03 (De Anza Estates) consists of lots, parcels and subdivisions of land located in the development known as De Anza Estates Tract 2498. On motion by Council Member and seconded by Council Member , the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: Mike Brennler, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Brian A. Pierik, City Attorney DRAFT RESOLUTION B RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, ACCEPTING AND PRELIMINARILY APPROVING THE ENGINEER'S ANNUAL LEVY REPORT REGARDING THE ATASCADERO STREET AND STORM DRAIN MAINTENANCE DISTRICT NO. 03 (DE ANZA ESTATES). The City Council of the City of Atascadero (hereafter referred to as "City Council")hereby finds, determines, resolves and orders as follows: WHEREAS, the City Council has, by previous Resolution, ordered the preparation of an Engineer's Annual Levy Report (hereafter referred to as the "Report") regarding the assessment district to be designated as the Atascadero Street and Storm Drain Maintenance District No. 03 (De Anza Estates) (hereafter referred to as the "District"), and the levy and collection of assessments related thereto, pursuant to the provisions of the Benefit Assessment Act of 1982, Chapter 6.4 of the California Government Code, beginning with Section 54703 (hereafter referred to as the "1982 Act"); and, WHEREAS, there has now been presented to this City Council the Report as specified by Article 4 Section 54716 of said 1982 Act; and, WHEREAS, the City Council has carefully examined and reviewed the Report as presented, and is preliminarily satisfied with the District and the budget items and documents as set forth therein, and is satisfied that the proposed assessments have been spread in accordance with the special benefits received from the improvements, operation, administration, maintenance and services to be performed within the District, as set forth in said Report. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Atascaderofollows: as SECTION 1. The preceding recitals are true and correct. SECTION 2. That the Report as presented, consists of the following: a. A Description of Improvements. b. A Boundary Diagram of the District. c. The Method of Apportionment that details the method of calculating each parcel's proportional special benefits and annual assessment. d. The proposed Budget (Costs and Expenses) and the duration and collection of assessments. e. The District Roll containing the Levy for each Assessor Parcel Number within the District for fiscal year 2008/2009. SECTION 3. The Report is hereby approved on a preliminary basis, and ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection. SECTION 4. The Maximum Assessment described in the Report is hereby approved on a preliminary basis. SECTION 5. The City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the presentation of the Report. On motion by Council Member and seconded by Council Member , the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: Mike Brennler, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Brian A. Pierik, City Attorney DRAFT RESOLUTION C RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT ANNUAL ASSESSMENTS WITHIN ATASCADERO STREET AND STORM DRAIN MAINTENANCE DISTRICT NO. 03 (DE ANZA ESTATES) IN FISCAL YEAR 2008/2009, AND TO APPOINT A TIME AND PLACE FOR THE PUBLIC HEARING ON THESE MATTERS. The City Council of the City of Atascadero (hereafter referred to as "City Council")hereby finds, determines, resolves and orders as follows: WHEREAS, the City Council pursuant to the provisions of the Benefit Assessment Act of 1982, Chapter 6.4 of the California Government Code, beginning with Section 54703 (hereafter referred to as the "1982 Act") did by previous Resolution approve the levy and collection of annual assessments to pay for the operation, maintenance and servicing of public streets, drainage and flood control systems and appurtenant facilities related thereto for the assessment district designated as Atascadero Street and Storm Drain Maintenance District No. 03 (De Anza Estates) (hereafter referred to as the"District"); and, WHEREAS, the Engineer selected by the City Council has prepared and filed with the City Clerk a Report in connection with the proposed District, and the levy of assessments for Fiscal Year 2008/2009 (July 1, 2008 and ending June 30, 2009) in accordance with Chapter 1, Article 4 of the 1982 Act and in accordance with the requirements of the California Constitution, Articles XIIIC and XIIID, and the City Council did by previous Resolution preliminarily approve such Report. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Atascadero as follows: SECTION 1. The City Council hereby declares its intention to seek the annual levy of the District pursuant to the 1982 Act, over and including the land within the District boundary, and to levy and collect special benefit assessments on parcels of land within the District to pay for the costs and expenses associated with the operation, maintenance, repair and servicing of public streets, drainage and flood control systems and appurtenant facilities related thereto. SECTION 2. The District improvements include the ongoing operation, administration, maintenance and servicing of the public streets, drainage and flood control systems and appurtenant facilities authorized pursuant to the 1982 Act that were installed as part of property development and associated with the District. Said improvements may include, but are not limited to pavement, curbs, sidewalks, hardscape, bridges, fencing, signage, drains, pipes, inlets, outlets, catch basins, drainage basins, manholes, and associated appurtenant facilities located within the public street right-of-ways and other public easements within the District, and dedicated to the City of Atascadero for such maintenance. The Engineer's Report, as ordered by previous Resolution, provides a full and complete description of the improvements within the District. SECTION 3. The proposed territory within Atascadero Street and Storm Drain Maintenance District No. 03 (De Anza Estates) consists of lots, parcels and subdivisions of land located in the development known as De Anza Estates Tract 2498. SECTION 4. The proposed assessments for the District are outlined in the Engineer's Report. The Report details the proposed assessments necessary to provide for the annual operation, administration, services and maintenance of the improvements described in Section 2 of this Resolution. SECTION 5. Notice is hereby given that a Public Hearing on these matters will be held by the City Council on Tuesday, May 27, 2008 at 6:00 p.m. or as soon thereafter as feasible in the regular meeting chambers of the City Council located at 6907 El Camino Real, Atascadero, California, in accordance with Government Code, Section 53753 and California Constitution, Article XIIID, Section 4(e). The City shall give notice of the time and place of the Public Hearing by posting a copy of this resolution on the official bulletin board customarily used by the Council for the posting of notices and by publishing this resolution in a local newspaper pursuant to Government Code Section 6066 as outlined in the 1982 Act. At the Public Hearing, interested persons shall be permitted to present written and/or oral testimony. On motion by Council Member and seconded by Council Member , the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: ATTEST: Mike Brennler, Mayor Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Brian A. Pierik, City Attorney DRAFT RESOLUTION D RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, INITIATING PROCEEDINGS FOR ANNUAL LEVY OF ASSESSMENTS FOR THE ATASCADERO LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 3 (DE ANZA ESTATES) FOR FISCAL YEAR 2008/2009 PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE. The City Council of the City of Atascadero (hereafter referred to as "City Council") hereby finds, determines, resolves and orders as follows: WHEREAS, the City Council has, by previous Resolutions, formed the Atascadero Landscaping and Lighting Maintenance District No. 3 (hereafter referred to as "District") pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (hereafter referred to as the "Act") that provides for levy and collection of assessments by the County of San Luis Obispo for the City of Atascadero to pay the maintenance and services of lighting facilities, landscaping, and appurtenant facilities and operations related thereto; and, WHEREAS, the District and the associated assessments are in compliance with the provisions of California Constitution Article XIIID; and, WHEREAS, the City Council has retained MuniFinancial for the purpose of assisting with the Annual Levy of the District and to prepare and file a report with the City Clerk in accordance with the Act; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Atascadero as follows: SECTION 1. Engineer's Annual Levy Report: The City Council hereby orders MuniFinancial to prepare the Engineer's Annual Levy Report concerning the levy of assessments for the District in accordance with Chapter 3, Section 22622 of the Act. SECTION 2. Proposed Improvements and Any Substantial Changes in Existing Improvements: The improvements within the District include the ongoing operation, administration, maintenance, servicing and incidental expenses related to the dedicated landscape areas, public street lighting and appurtenant facilities authorized pursuant to the Act that were installed as part of property development and associated with the District. Said improvements may include, but are not limited to the materials, equipment, utilities, labor, appurtenant facilities and expenses necessary for the ongoing maintenance and operation of public street lighting as well as landscaped parkways, medians, slopes, trails, park areas, drainage basins, open space areas and other designated easements or right-of-ways constructed and installed as part of the development plans and agreements approved for the development of each lot and parcel within the District. The P g PP P Engineer's Annual Levy Report describes all new improvements or substantial changes in existing improvements. On motion by Council Member and seconded by Council Member , the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: Mike Brennler, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Brian A. Pierik, City Attorney DRAFT RESOLUTION E RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, FOR PRELIMINARY APPROVAL OF THE ENGINEER'S ANNUAL LEVY REPORT FOR THE ATASCADERO LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 3 (DE ANZA ESTATES) FOR FISCAL YEAR 2008/2009. The City Council of the City of Atascadero (hereafter referred to as "City Council") does resolve as follows: WHEREAS,the City Council has, by previous Resolutions, ordered the preparation of an Engineer's Annual Levy Report (hereafter referred to as the "Report") for the district known and designated as the Atascadero Landscaping and Lighting Maintenance District No. 3 (hereafter referred to as the "District") pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division of the Streets and Highways Code of California, beginning with Section 22500 (hereafter referred to as the "Act"); and, WHEREAS, the District and the associated assessments are in compliance with the provisions of California Constitution Article XIIID; and, WHEREAS, the City Council has now been presented with the Report as required by Chapter 1, Article 4, Section 22566 of said Act; and, WHEREAS, the City Council has carefully examined and reviewed the Report as presented and is preliminarily satisfied with the District, each of the budget items and documents as set forth therein and is satisfied on a preliminary basis that the proposed assessments have been spread in accordance with the benefits received from the improvements, operation, maintenance, and services to be performed within each benefit zone as set forth in said Report; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Atascadero as follows: SECTION 1. The above recitals are true and correct. SECTION 2. That the presented Report consists of the following: a. A Description of the Improvements b. The Annual Budget (Costs and Expenses of Services, Operation, and Maintenance) c. The Method of Apportionment that details the method of calculating each parcel's proportional special benefits and annual assessment. d. The District Roll containing the proposed assessment for each parcel within the District for Fiscal Year 2008/2009. SECTION 3. The Report is hereby approved on a preliminary basis and ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection. SECTION 4. That the City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the presentation of the Report. On motion by Council Member and seconded by Council Member , the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: Mike Brennler, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Brian A. Pierik, City Attorney DRAFT RESOLUTION F RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR THE ATASCADERO LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 3 (DE ANZA ESTATES) FOR FISCAL YEAR 2008/2009. The City Council of the City of Atascadero (hereafter referred to as "City Council") does resolve as follows: WHEREAS The City Council has by Previous Resolution initiated proceedings for fiscal year 2008/2009 regarding the levy and collection of assessments for the Atascadero Landscaping and Lighting District No. 3 (hereafter referred to as the"District"). Pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with section 22500) (hereafter referred to as the "Act"), assessments for the District shall be levied and collected by the County of San Luis Obispo for the City of Atascadero to pay the maintenance and services of the improvements and facilities related thereto; and, WHEREAS, the proposed District assessments for fiscal year 2008/2009 are less than or equal to the maximum assessments previously approved in accordance with the requirements of the California Constitution, Article X1111); and, WHEREAS, there has now been presented to this City Council an Engineer's Annual Levy Report (hereafter referred to as the "Engineer's Report"), and said Engineer's Report has been filed with the City Clerk in accordance with the Act; and, WHEREAS, the City Council has examined and reviewed the Engineer's Report as presented and is satisfied with the District, each of the budget items and documents as set forth therein and is satisfied that the proposed assessments contained therein, have been spread in accordance with the benefits received from the improvements, operation, maintenance and services to be performed within the District, as set forth in said Report. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Atascadero as follows: SECTION 1. The above recitals are true and correct. SECTION 2. The City Council hereby declares its intention to seek the annual levy and collection of assessments within the District pursuant to the Act, over and including the lands, lots and parcels within the District boundary. The City Council further declares its intention to levy and collect assessments on such land to pay the annual costs and expenses of the improvements and services described in Section 4 of this Resolution, for fiscal year 2008/2009. SECTION 3. The boundaries of the District are described in the Engineer's Report and are consistent with the boundary established and described in the original formation documents, on file with the City Clerk, and incorporated herein by reference. The District is within the boundaries of the City of Atascadero, within the County of San Luis Obispo, State of California and includes the territory known as De Anza Estates and referred to as the "Atascadero Landscaping and Lighting District No. 03". SECTION 4. The improvements within the District include the ongoing maintenance, operation and servicing of local landscaping and street lighting improvements established or installed in connection with development of properties within the District. These improvements generally include, but are not limited to the materials, equipment, utilities, labor, appurtenant facilities and expenses necessary for the ongoing maintenance and operation of public street lighting as well as landscaped parkways, medians, slopes, trails, park areas, drainage basins, open space areas and other designated easements or right-of-ways constructed and installed as part of the development plans and agreements approved for the development of each lot and parcel within the District. SECTION 5. The proposed assessments for fiscal year 2008/2009 as outlined in the p p Y Engineer's Report, do not exceed the maximum assessment approved by the property owners through a property owner balloting proceeding conducted in 2005. As such, the proposed assessments do not constitute an increased assessment and do not require additional property owner approval in accordance with the requirements of the California Constitution, Article X1I1D. SECTION 6. The City Council hereby declares its intention to conduct a Public Hearing concerning the District and the levy of assessments in accordance with Chapter 3, Section 22626 of the Act. SECTION 7. Notice is hereby given that a Public Hearing on these matters will be held by the Cit Council Chambers 6907 El the Ci Council on Tuesday, May 27, 2008, at 6:00 p.m., at y , �' Y Y Camino Real, Atascadero, California or as soon thereafter as feasible. SECTION 8. The City Council hereby authorizes and directs the City Clerk to give notice of the time and place of the Public Hearing to all property owners within the District pursuant to Sections 22626, 22552 and 22553 of the Act and 6061 of the Government Code. The City Clerk shall give notice to all property owners by: causing notice of the public hearing to be published in the local newspaper one time at least 10 days prior to the Public Hearing; and, posting a copy of this resolution on the official bulletin board (s) customarily used for posting such notices. On motion by Council Member and seconded by Council Member , the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: Mike Brennler, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Brian A. Pierik, City Attorney ITEM NUMBER: B-2 DATE: 04/22/08 i �`isis 9 1979 C" kt- Atascadero City Council Staff Report— City Manager's Office City of Atascadero Employee Ethics Survey and Follow-up RECOMMENDATION: Council receive and file this report. DISCUSSION: The Atascadero City Council has made ethical training and transparency in City government a priority. As part of this effort, the Council directed staff to conduct a survey to determine the health of the City's ethical culture. In compliance with this request, staff contacted the International City/County Management Association (ICMA) based in Washington D.C. ICMA is a national professional organization committed to good government and is known as a leader in creating and promoting ethical practices. ICMA was able to assist the City and sent Catherine Standiford, Assistant City Manager for the City of Santa Ana and a certified ethics trainer to assist. The first step in the process was for employees to complete an online survey. The purpose of the survey was to gauge the current perceptions of ethical behavior of employees, managers and the Council, and to determine the level of understanding of how to deal with ethical dilemmas. A copy of the survey instrument and the results are attached with Ms. Standiford's correspondence dated October 18, 2008 (Attachment A). The survey was developed by both ICMA and the Institute for Local Government (ILG). It was sent by email to Atascadero employees about three weeks prior to the actual training. The intent of this survey was to gauge the current level of understanding by employees of how to deal with ethical dilemmas, and to identify opportunities for clarifying expectations, policies, procedures or other factors that contribute to a culture of ethics in local government organizations. There were 76 respondents to the survey, more than 50% of the total number of employees. In an effort to assure employees that their responses would be confidential, the survey did not ask them to disclose information about their specific position, the level of the organization they represent, or the department in which they work. Based on statements from Ms. Standiford, survey findings included: • "Employees feel they are usually surrounded by co-workers who know and care about the difference between ethical and unethical behaviors, and a high percentage report they work with one or more trusted confidantes with whom they feel comfortable discussing work-related ethical issues." • "A strong majority of employees know they are expected to follow the spirit and letter of the law, to follow stated policies, as opposed to the desires of individual elected or appointed officials, and to use ethical behavior in getting results. A strong majority report that this expectation is set by the City's executives." • "There is a strong perception that executives treat the public with civility and respect and treat all members of the public equally, without regard for their personal or political "connections"." • "Employees perceive that executives do not use public resources for private purposes." On October 11, 2007, three ethics workshops of approximately two hours each were conducted throughout the day. The results of the survey were discussed with the employees in attendance. The workshops were well attended by employees and all departments were represented. The workshops were broken into two categories: a. Workshops for the City's employees. These workshops were designed to provide supervisors and employees with the skills and practical strategies needed to identify and resolve ethical issues and strengthen the ethical culture in work teams. The workshops provided participants with the opportunity to resolve real world ethics issues in an interactive setting such as small group discussions. Employees were given the opportunity to discuss the ethical culture of the organization and share ideas on how employees could reinforce ethical behavior on a daily basis. b. A workshop for the City's management team. This workshop was designed to provide the City's managers with a framework for building on the ethical culture within the City of Atascadero. Ms. Standiford facilitated a process of identifying the key elements that the City's executive managers need to consider to be the guiding ethical values for the organization. She also assisted the executive managers in developing an action plan for fostering an ethical culture based on comments provided by the employees and on best practices. As a result of the training, staff gained valuable knowledge and insight into how to conduct themselves ethically when working for the citizens of Atascadero and reinforced their ethical beliefs. Additionally, employees reviewed the three "Core Principles of Public Service": no personal financial gain, no personal advantages or perks and transparency and fairness in government. The employees left the training with tools and strategies for creating a more ethical culture. Immediately following the training the sessions, the City began working with employees to enact policies, communication methods, and additional training to further strengthen the ethical culture. Specifically, direct results from the training include: • A newly enacted administrative policy, "Acceptance of Gifts or Gratuities by Employees". This policy is attached (Attachment B). • The City Council has emphasized ethics as an important issue and has participated in the required ethics training included in AB1234. • Better communication and transparency within and among the departments. This is being accomplished by sharing information more quickly with employees and making sure managers and employees are having more frequent conversations about what is happening in the organization and how the City is doing business. News releases are also circulated to employees citywide. • Reviews of policies, procedures and regulations in departments to ensure employees are familiar with them. • Ethics and situations where ethical principles come into play are discussed at department staff meetings. • The Police Department offered a special training session on Saturday, March 15, 2008 focused on Leadership and Ethics. • The Executive Team has been trained in AB 1234 ethics law and is committed to maintaining this training on a regular basis. • The City Manager has conducted a series of roundtables with employees to discuss city operations, policies, and what is happening around the City and City Hall. • The City's Customer Service Committee will be hosting a training course in July, "Creating a Respectful Work Environment". This training will be specifically tailored to Atascadero's employees, and will have a section of ethics and ethical scenarios. Respectful environments encourage ethical culture. On October 18, 2007, Catherine Standiford sent a letter to the City Manager in which she followed up on the process of the survey, the training and the results. Ms. Standiford stated, "You have a wonderful group of dedicated, caring employees, who demonstrated high interest and commitment to this topic through their active participation in the training". She said that "there is already a good level of awareness among employees of the importance of ethics and ethical behavior, as well as opportunity for further improvement. The training provided to the City of Atascadero employees was an excellent starting point for further enhancing the positive culture that already exists in your organization". Employees are encouraged to continue to share ideas on how the City's ethical culture can continue to be strengthened. Staff from the City Manager's Office have been assigned to this process and will continue to build on the ethical culture in the organization. The process has proved to be very beneficial. FISCAL IMPACT: The cost of the survey was $5,000.00. There are no additional expenses anticipated at this time. ATTACHMENTS: Attachment A: October 18, 2008 Correspondence from Catherine Standiford including Ethics Survey Instrument and Results Attachment B: Administrative Policy #14 —Acceptance of Gifts or Gratuities by Employees 1CMAUNIVERSITY RECEIVED October 18, 2007 z Wade McKinney, City Manager City of Atascadero CITY C)F'AT ;CAMER0 6907 EI Camino Real 'y MANAG&I's(_) TICE Atascadero, CA 93422 Dear Mr cKinne : On behalf of the International City/County Management Association (ICMA) I want to thank you for the opportunity to provide training on "Building a Culture of Ethics" to your employees on Thursday, October 11, 2007. You have a wonderful group of dedicated, caring employees, who demonstrated high interest and commitment to this topic through their active participation in the training. As requested, this letter serves as a "post-training" report to summarize the pre-training survey results, the training itself, and suggestions generated by both the employees and the executive team during the training. Evaluations from the training have been sent to ICMA headquarters in Washington, DC for tabulation, and the results will be sent to you soon under separate cover. Pre-Training Survey and Results A survey developed by both ICMA and the Institute for Local Government (ILG) was distributed by blast email to Atascadero employees about three weeks prior to the actual training. The intent of this survey is to gauge the current level of understanding by employees of how to deal with ethical dilemmas, and to identify opportunities for clarifying expectations, policies, procedures or other factors that contribute to a culture of ethics in local government organizations. There were 76 respondents to the survey, more than 50% of the total number of employees. In an effort to assure employees that their responses would be confidential, the survey did not ask them to disclose information about their specific position, the level of the organization they represent, or the department in which they work. While this lack of information tends to lead to higher participation rates, it does create limitations in analyzing the survey results. For example, there is no way to tell the mix of respondents (i.e., line staff vs. managers or executives), or if all departments are represented equally. Never-the-less, the survey does provide a "snapshot in time" of employee perceptions about the current ethical climate in Atascadero and suggests opportunities for its further enhancement. The Survey Instrument The survey instrument is comprised of 30 statements grouped into three categories: • The first group of statements (individuals) is designed to assess perceptions of the overall environment in terms of ethical behavior; 1 • The second group of statements (executives) is intended to assess perceptions of the role of the organization's leaders in fostering a culture of ethics both through expectations and their own ethical conduct; and • The third group of statements (elected officials) is designed to measure perceptions of the role of the Mayor and City Council in contributing to a culture of ethics, again through the expectations they communicate and their behavior. Respondents were asked to indicate their level of agreement with each statement using a range of"always" to"never." An opportunity to respond "not sure" also was provided. For this survey instrument, scores in the "always"or"usually" categories are best. Having even one "never" response could be a concern for certain statements. The tabulated survey results are attached as Appendix 1. General Observations about the Survey Results • Individuals rated themselves higher than they did executives or elected officials, and scores were lower for statements pertaining to elected officials than for the other two categories of statements. Because individuals generally tend to rate their own behavior much more positively than they rate the behavior of other people, this result is somewhat typical. • There are a significant number of statements where responses are split among various categories. This can indicate a lack of understanding about expectations, policies or procedures, or can mean that different expectations exist in different areas within the organization. In cases where groups are being rated, such as in this survey, split responses also can be reflective of perceptions that one ore more individuals within the group behave differently than the others. • There are a significant number of"not sure" responses for several statements, particularly those pertaining to elected officials. This may indicate that the respondent is truly unsure of the answer, or may indicate lack of confidence or trust that the group being rated would "do the right thing" in that situation. Respondents may also respond "not sure" if they lack confidence in the survey's confidentiality. • For purposes of the specific findings below, numbers refer to whether the statement is from the individual section (1), the executive section (2), or the elected official section (3). The letter refers to the specific statement in that section. Specific Findings—The Atascadero Environment • The survey results indicate that the environment does not always feel "safe"for staff to raise ethical concerns, based on the wide mix of responses across categories for statements 1A, 2A and 3A. Although employees believe they are expected to report questionable ethical behaviors (1B) and tell the truth in their work (1F), the survey indicates that they may experience "messenger shooting"when they deliver bad news (213, 313). Employees are particularly uncertain about the level of appreciation the elected officials have for truthful information when it is not good news. (313) • Employees feel they are usually surrounded by co-workers who know and care about the difference between ethical and unethical behaviors (1 G), and a high percentage report they work with one or more trusted confidantes with whom they feel comfortable discussing work-related ethical issues (1J). • While many employees are clear about where to turn to for advice or guidance on ethical issues, almost 20% reported they are rarely or never clear on where to turn or are not sure. (1C) • A strong majority of employees know they are expected to follow the spirit and letter of the law(1 D), to follow stated policies, as opposed to the desires of individual elected or appointed officials (1E), and to use ethical behavior in getting results (11). A strong majority report that this expectation is set by the City's executives (2C). However, there is less certainty about receiving this expectation from the elected officials, and in fact, 25% responded "not sure"to the statement(3C). Perceptions of Executive, Elected Official Conduct + Decisions made by executives appear, for the most part, to be geared to the spirit and letter of the law(2D). Responses to this statement for executives were more positive than a similar statement for the Council (3D). + There is a strong perception that executives treat the public with civility and respect(2E) and treat all members of the public equally, without regard for their personal or political "connections" (2H). Elected officials received more "not sure"and "sometimes" responses to these statements (3E, 3H). Employees perceive that executives do not use public resources for private purposes (2F), although there were quite a few"not sure" responses. Elected officials received similar responses, but perceptions were almost evenly split between "usually" and "not sure." • Executives are perceived to do a pretty good job appointing and rewarding people on the basis of performance and contribution to the organization (2G). For this particular statement, experiencing a split of responses across the categories is typical for local government organizations, and reflects common differences of opinions that may be affected by individual opportunities for promotion, labor relations processes, or other factors. • Employees perceive that executives do a good job being a buffer between elected officials and staff(21). Elected officials usually allow staff to handle the day-to-day operations in the City, although "sometimes" and "not sure"also received quite a few responses (3G). • Employees perceive that executives refuse gifts or special treatment from those with business before the agency most of the time—but there are a significant number of"not sure„ responses to this statement(2J). The number of"not sure" responses for this statement is even higher for elected officials (3J). Conclusions that Can Be Drawn from the Survey Results + The survey indicates that there is already a good level of awareness among employees of the importance of ethics and ethical behavior, as well as opportunity for further improvement. Examples of strategies to further improve the City's culture include communicating clearer expectations for ethical conduct; clarifying policies, procedures and expectations related to gifts; providing clear guidance on where to go for ethical advice or reporting; and ensuring that employee concerns about perceived ethical misconduct are taken seriously and responded to in an appropriate manner(i.e., minimizing "messenger shooting"). Finding ways to continue the dialogue within the 3 organization about ethics through staff meetings, additional training, policy clarification and similar activities can reinforce the training and its ongoing impact. • The survey does indicate that the Mayor and City Council can be doing more to foster a stronger culture of ethical behavior for Atascadero and suggests some specific areas they can focus on, such as supporting employee efforts to raise ethical concerns, demonstrating transparency in their own conduct, and setting a positive tone as "champions for ethics" in the community. • Finally, the results indicate that the provision of employee training related to building a culture of ethics was very timely, Training is an effective means of raising awareness of ethical issues and improving skills related to addressing ethical dilemmas commonly encountered in the course of work. Consequently, results were used within the context of the training to generate specific suggestions by both the employees and the executives for enhancing Atascadero's ethical culture. "Building a Culture of Ethics" Training Training was provided to approximately 80 full-time Atascadero employees, plus the City's Executive Management Team. Two, two-hour employee sessions were held during the morning of October 11, 2007; executive training lasting about two and a half hours was held in the afternoon of the same day. Employee Training The employee training consisted of a small group exercise to raise awareness of ethical issues ("The Little Bucket of Blacktop"), followed by a review of ethics concepts and the core principles and values of public service as defined by the Institute for Local Government. Resource materials included copies of the ICMA Code of Ethics and ICMA's Core Values, attached as Appendix 2. Participants were then divided into groups to play the "Ethics Courf' Game, in which groups are given real case studies and are asked to identify both the issues involved and what should happen. The game served to raise awareness about a variety of common ethical dilemmas, and generated a significant amount of discussion, The case studies also served to identify areas where employees either lacked understanding of the existence of Atascadero policies related to the case, or where different levels of understanding or implementation between departments may exist. A copy of the ethical scenarios used in the training is attached as Appendix 3. The results of the survey were briefly reviewed with the employees, as well as copies of the tabulated results. Employees were then asked to review the Ethics Checklist for Leaders (Appendix 4)and identify two things they were already doing well, and two or three things they could be doing better from the list. The purpose of this exercise is to emphasize the personal responsibility every employee has for contributing to an organization's ethical culture. Finally, employees were asked to provide specific suggestions for further enhancing Atascadero's culture of ethics. The results of this exercise were compiled at the conclusion of the two employee sessions and were then shared with the executives in the afternoon, Many of the suggestions involve clearer communication of expectations, policies and procedures to make it easier for employees to know what to do when faced with an ethical challenge. All participants were asked to complete a training evaluation provided by ICMA at the conclusion of the session. 4 Executive Training The executive training began with an exercise to identify headlines executives would not want to see about themselves or their city, and to discuss how people feel when "bad news" is being reported about their organization. This was followed by the same review of ethics, core principles and values of public service as was presented during the employee training. A full hour and a half was spent reviewing the results of the survey in detail, followed by small group discussions about specific action steps that could be taken to enhance and improve the ethical culture and build upon the day's training. Suggestions from the employees were also shared, some of which mirrored the ideas generated by the executives. A summary of the employee suggestions and potential action steps generated by the executives is attached as Appendix 5. It was suggested that the executives meet again within the next week or two to refine the action plan and discuss its implementation. The executives also reviewed the Ethics Checklist for Leaders and reflected on their personal strengths and areas for improvement in this area. Like the employees, executives completed a training evaluation at the conclusion of the session. Final Thoughts The training provided to the City of Atascadero employees was an excellent starting point for further enhancing the positive culture that already exists in your organization. The survey results, along with the suggestions generated by the training participants, illustrate opportunities for improvement that can be relatively quick and easy to implement, and can yield high-leverage results in the way people perceive the culture of ethics in Atascadero, both internally and externally. It can be risky to ask questions about how people perceive our organizations, and it takes courage to listen to those perceptions with openness and a willingness to improve. I want to commend you and the Atascadero City Council for taking that risk, and for your commitment to continue to improve your already outstanding City by raising awareness about ethical values and their importance. As public sector leaders, it is our calling, challenge, and responsibility to emulate the Bath created by the Athenians in ancient Greece at the establishment of one of the world's first cities: "We will strive to transmit this city not less, but greater, better and more beautiful than it was transmitted to us." this noble path- Sincerely, lies ahead along t s I wish you and your City all the best in the journey t g p Sincerely, Catherine Standiford, M.B.P.A., C.M. Assistant City Manager, City of Santa Ana ICMA Ethics Trainer Attachments 5 I C MA Leaders at the Cure of Better Communities International City/County Management Association (icma.org) Institute for Local Government(eacities.org) Atascadero,CA Always Usually Sometimes Rarely Never Not I am... sure A,I am encouraged to speak up about any 29.9% 26,0% 4 10.4% 7.8% 7.8% agency's practices and policies that are (23) (20) 18.21(14) (8) (6) (6) ethically questionable. S.1 am expected to report questionable 49.4% 23,4% 7.8%(6) 9.1% 3,9% 6.5% ethical behaviors of others. (38) (18) (7) (3) (5) C.I am clear about where to turn to for 48.1% 14.3% 18.2%(14) 6.5% 5.2% 7.8% advice about ethical issues. (37) (11) (5) (4) (6) D.l am expected to follow the spirit as well 63.6% 20.8% 2.6% 0.0% 1.3% as letter of the law in my work for the (49) (16) 11.7%(9) (2) (0) (1) agency. E.I am expected to use ethical behaviors in 74.0% 15.6% 2.6% 0.0% 1.3% getting results. (57) (12) (2) (0) (1) F.I am expected to tell the complete truth 74.0% 14.3% a 2,6% 0,0% 2.6% in my work for the agency. (57) 01) 6`5 fo(5) (2) (0) (2) G.I am surrounded by co-workers who know the difference between ethical and 26.0% 48.1% 3.9% 2:6% 1.3% unethical behaviors and seem to care about (20) (37) 18.2°fo(14) (3) (2) (1) the difference: N.I am expected to treat everyone who comes before the agency equally, 76.3% 7.9%(6) 14.5%(11`) 0.0% ' 1.3% 0.0% regardless of personal or political (58) (0) (1) (0) connections; I. 1 am expected to follow stated policy of 53.2% 22,1% 5.2% 0.0% 2.6% the governing body and not the desires of 16,9%(13} individual elected or appointed officials. {41} (1 ) (i) (0) (2) J.I am working with one or more trusted 59.7% 20.8% Q 2.6% 0.0% 2.6% confidante with whom i can discuss ethical (46) (16) 14.31(11) (2) (0) (2) ditemmas at worm. APPENDIX 1 Page 1 of 3 1CMALeaders at the Cure of Better Communities International City/County Management Association (iema.org) Institute for Local Government(eacities.org) Atascadero,CANot Always Usually Sometimes Rarely Never The executives... sure A,The executives in my local government 27.3% 31.2% 9.1% 7.8% 5.2% create an environment in which staff is (21) (24) 19.5%(15) (7) (6) (4) comfortable raising ethical concerns. &The executives in my local government appreciate staff bringing forward bad news 27.3% 29.9% 20.8%(16) 7.8% 5.2% 9.1% and don't"shoat the messenger"for doing (21) (23) (6) (4) (7) so_ G.The executives in my local government 42.9% 32.501 6.5% 1.3% 2.6% expect staff to use ethical practices in 14.3010(11) getting results-not"whatever it takes_" (33) (25); (5) (1) (2) D.The executives in my local government 29.9% 39.0"l0 6.5% 0.0% 11.7% gear their decisions to the spirit as well as 13.0010(10) letter of the law. (23) (30) (5) (0) (9) E.The executives in my local government 61.0% 26.0% 0 1.3% 0.0% 2.6% treat the public with civility and respect (47) (20) 5.1 to{7} (1) (0) (2) F.The executives in my local government use public resources only for agency 44.2% 28.6°Ia9.110 7 0 28.6% 1.3% O,0% 16.9% purposes and not for their own personal or (34) (22) ( ) (1) (0) (13) political uses(such as agency supplies, staff time and equipment). G.The executives in my local government 0 o a 0 1. 7.8 appoint and reward people on the basis of 23.4% 33.8°10 10 410 310 to performance and contribution to the (18) (26) 23.4°10{18} (8) (1) (6) organization's goals and services. H.The executives in my local government treat all members of the public equally, 24,7010 35.1% 20:8010(16) 10.4% 1;3% 7.8% regardless of who has people (19) (27) (8) (1) (6) "connections." L The executives in my local government help elected officials work within their policy 27.3% 35.1% 15.6010(12) 19.1% 0.0% 13.0% role and stay out of day-to-daywork of the (21) (27) (7) (0) (10) agency. J.The executives in my local government refuse to accept gifts and/or special 40.3% 20.8% 7.8%(6) 0.0% 0,0% 31.2% treatment from those with business before (31) (16) (0) (0) (24) the agency. APPENDIX 1 Page 2 of 3 ' a CAI I V 1A Leaders at the Core of Better Communities International City/County Management Association (icma.org) Institute for Local Government(cacities.org) At scadero,GAAlways Usually �Sometimes Rarely Never blot The elected officials» . sure A.The elected officials in my local government create arr.environment In 8.3% 25.0% 8.3% 5.6% 27.8% which staff are comfortable raising ethical (6) (13) 25.0%(18) (6) (4) (20) concerns. B.The`elected officials in any local ovemm t appreciate staff t forward bade and don'bringing "shoot the 8(6) 2{10y 26A%(19) 6� c ° 2 20) messenger"for doing so. C.The elegy officials in my local . government expect stiff to use ethical 18.101a 29,2% 22.2%(16) 2-8% 2.80 2 .0°ln practices in gaiting results_not`whatever (13) {21}, (2) (2) (18) it takes," D.The elected officials in my local 5.6% 34.7% 1.�% 1.4% 27.8% government gear their decisions to the {41 (251 29.2%(21) (1) (1) (20) spirit as well as letter of the law. E.The elected officials:in my local 22.2% 30.6% 2.8% 1.4% 16.7% government treat the public with civility,and 26.4%(19) espect. (16) (22)„ (2) (1) (12) F.The;elected'of6Ciais,in my local government use public resources only for 18.1% 36.1% 83%( ) 0.Q°�� 1.4Q1� 36.1010 agency purposes and not for their own (13) (261. 83/% 6 (6) (11 6261 personal or political uses(such as agency supplies,staff time and equipment). G.The elected officials In my local tto-day government nagllow the staff,to ement issues ark dolnttry to 5.V/0 3(26}9 28.8°l0(21) 8(26)0 1(1)0 2(15) get involved. H,The elected officials in my Ideal government treat altraembers,ofthe public 2.8% 25.W/o 30.6%(22) 16=3% 1.4% 25.0% 'equally,regardless of who has=f? le or (2) {18 (11) (1} (#8} political conrle6ti6lis= 1.The ele We officials n'my,locai, government exclud446enli6lves from 9.7% 34.7% 4.2% 2.8% 26.4% decisions when reasonable members of (71 #261, 22,2%(16) (3) (2) (19) the public might question,their ability to make a fair decision. J.The elected officials in my local government refuse to ept gifts and/or 18.1% 30.6% 1.4%(1} 1.4% 1.4% 47.2% special treatment from tho.6 with business (13) (22) (1) (1) i t beforethe agency. APPENDIX 1 Page 3of3 APPENDIX 2 1CMA UNIVERSITY ICMA Code of Ethics With Guidelines The ICMA Code of Ethics was adopted by the ICMA membership in 1924, and most recently amended by the membership in May 1998. The Guidelines for the Code were adopted by the ICMA Executive Board in 1972, and most recently revised in July 2004. The mission of ICMA is to create excellence in local governance by developing and fostering professional local government management worldwide. To further this mission, certain principles, as enforced by the Rules of Procedure, shall govern the conduct of every member of/CMA, who shall: 1. Be dedicated to the concepts of effective and democratic local government by responsible elected officials and believe that professional general management is essential to the achievement of this objective. 2. Affirm the dignity and worth of the services rendered by government and maintain a constructive, creative, and practical attitude toward local government affairs and a deep sense of social responsibility as a trusted public servant. Guideline Advice to Officials of Other Local Governments. When members advise and respond to inquiries from elected or appointed officials of other local governments, they should inform the administrators of those communities. 3. Be dedicated to the highest ideals of honor and integrity in all public and personal relationships in order that the member may merit the respect and confidence of the elected officials, of other officials and employees, and of the public. Guidelines Public Confidence. Members should conduct themselves so as to maintain public confidence in their profession, their local government, and in their performance of the public trust. Impression of Influence. Members should conduct their official and personal affairs in such a manner as to give the clear impression that they cannot be improperly influenced in the performance of their official duties. International City/County Management Association 1 APPENDIX 2 Appointment Commitment, Members who accept an appointment to a position should not fail to report for that position. This does not preclude the possibility of a member considering several offers or seeking several positions at the same time, but once a bona tide offer of a position has been accepted, that commitment should be honored. Oral acceptance of an employment offer is considered binding unless the employer makes fundamental changes in terms of employment. Credentials. An application for employment or for ICMA's Voluntary Credentialing Program should be complete and accurate as to all pertinent details of education, experience, and personal history. Members should recognize that both omissions and inaccuracies must be avoided. Professional Respect. Members seeking a management position should show professional respect for persons formerly holding the position or for others who might be applying for the same position. Professional respect does not preclude honest differences of opinion; it does preclude attacking a person's motives or integrity in order to be appointed to a position. Reporting Ethics Violations. When becoming aware of a possible violation of the ICMA Code of Ethics, members are encouraged to report the matter to ICMA. In reporting the matter, members may choose to go on record as the complainant or report the matter on a confidential basis. Confidentiality. Members should not discuss or divulge information with anyone about pending or completed ethics cases, except as specifically authorized by the Rules of Procedure for Enforcement of the Code of Ethics. Seeking Employment. Members should not seek employment for a position having an incumbent administrator who has not resigned or been officially informed that his or her services are to be terminated. 4. Recognize that the chief function of local government at all times is to serve the best interests of all of the people. Guideline Length of Service. A minimum of two years generally is considered necessary in order to render a professional service to the local government. A short tenure should be the exception rather than a recurring experience. However, under special circumstances, it may be in the best interests of the local government and the member to separate in a shorter time. Examples of such circumstances would include refusal of the appointing authority to honor commitments concerning conditions of employment, a vote of no confidence in the member, or severe personal problems. It is the responsibility of an applicant for a position to ascertain conditions of International City/CountyManagement Association 2 ........................................... APPENDIX 2 employment. Inadequately deten-nining terms of employment prior to arrival does not justify premature termination. 5. Submit policy proposals to elected officials; provide them with facts and advice on matters of policy as a basis for making decisions and setting community goals; and uphold and implement local government policies adopted by elected officials. Guideline Conflicting Roles. Members who serve multiple roles--working as both city attorney and city manager for the same community, for example--should avoid participating in matters that create the appearance of a conflict of interest. They should disclose the potential conflict to the governing body so that other opinions may be solicited. 6. Recognize that elected representatives of the people are entitled to the credit for the establishment of local government policies; responsibility for policy execution rests with the members. 7. Refrain from all political activities which undermine public confidence in professional administrators. Refrain from participation in the election of the members of the employing legislative body. Guidelines Elections of the Governing Body. Members should maintain a reputation for serving equally and impartially all members of the governing body of the local government they serve, regardless of party. To this end, they should not engage in active participation in the election campaign on behalf of or in opposition to candidates for the governing body. Elections of Elected Executives. Members should not engage in the election campaign of any candidate for mayor or elected county executive. Running for Office. Members shall not run for elected office or become involved in political activities related to running for elected office They shall not seek political endorsements, financial contributions or engage in other campaign activities. Elections. Members share with their fellow citizens the right and responsibility to vote and to voice their opinion on public issues. However, in order not to impair their effectiveness on behalf of the local governments they serve, they shall not participate in political activities to support the candidacy of individuals running for any city, county, special district, school, state or federal offices. Specifically, they shall not endorse candidates, make financial contributions, sign or circulate petitions, or International City/County Management Association 3 APPENDIX 2 participate in fund-raising activities for individuals seeking or holding elected office. Elections on the Council-Manager Plan. Members may assist in preparing and presenting materials that explain the council-manager form of government to the public prior to an election on the use of the plan. If assistance is required by another community, members may respond. All activities regarding ballot issues should be conducted within local regulations and in a professional manner. Presentation of Issues. Members may assist the governing body in presenting issues involved in referenda such as bond issues, annexations, and similar matters. 8. Make it a duty continually to improve the member's professional ability and to develop the competence of associates in the use of management techniques. Guidelines Self-Assessment. Each member should assess his or her professional skills and abilities on a periodic basis. Professional Development. Each member should commit at least 40 hours per year to professional development activities that are based on the practices identified by the members of ICMA. 9. Keep the community informed on local government affairs; encourage communication between the citizens and all local government officers; emphasize friendly and courteous service to the public; and seek to improve the quality and image of public service. 10.Resist any encroachment on professional responsibilities, believing the member should be free to carry out official policies without interference, and handle each problem without discrimination on the basis of principle and justice. Guideline Information Sharing. The member should openly share information with the governing body while diligently carrying out the member's responsibilities as set forth in the charter or enabling legislation. 11. Handle all matters of personnel on the basis of merit so that fairness and impartiality govern a member's decisions pertaining to appointments, pay adjustments, promotions, and discipline. Guideline Equal Opportunity. All decisions pertaining to appointments, pay adjustments, promotions, and discipline should prohibit discrimination International City/County Management Association 4 APPENDIX 2 because of race, color, religion, sex, national origin, sexual orientation, political affiliation, disability, age, or marital status. It should be the members' personal and professional responsibility to actively recruit and hire a diverse staff throughout their organizations. 12. Seek no favor; believe that personal aggrandizement or profit secured by confidential information or by misuse of public time is dishonest. Guidelines Gifts. Members should not directly or indirectly solicit any gift or accept or receive any gift--whether it be money, services, loan, travel, entertainment, hospitality, promise, or any other fomn--under the following circumstances: (1) it could be reasonably inferred or expected that the gift was intended to influence them in the performance of their official duties; or(2)the gift was intended to serve as a reward for any official action on their part. It is important that the prohibition of unsolicited gifts be limited to circumstances related to improper influence. In de minimus situations, such as meal checks, some modest maximum dollar value should be determined by the member as a guideline. The guideline is not intended to isolate members from normal social practices where gifts among friends, associates, and relatives are appropriate for certain occasions. Investments in Conflict with Official Duties. Member should not invest or hold any investment, directly or indirectly, in any financial business, commercial, or other private transaction that creates a conflict with their official duties. In the case of real estate, the potential use of confidential information and knowledge to further a member's personal interest requires special consideration. This guideline recognizes that members' official actions and decisions can be influenced if there is a conflict with personal investments. Purchases and sales which might be interpreted as speculation for quick profit ought to be avoided (see the guideline on "Confidential Information"). Because personal investments may prejudice or may appear to influence official actions and decisions, members may, in concert with their governing body, provide for disclosure of such investments prior to accepting their position as local government administrator or prior to any official action by the governing body that may affect such investments. Personal Relationships. Members should disclose any personal relationship to the governing body in any instance where there could be the appearance of a conflict of interest. For example, if the manager's spouse works for a developer doing business with the local government, that fact should be disclosed. International City/County Management Association 5 APPENDIX 2 Confidential Information. Members should not disclose to others, or use to further their personal interest, confidential information acquired by them in the course of their official duties. Private Employment. Members should not engage in, solicit, negotiate for, or promise to accept private employment, nor should they render services for private interests or conduct a private business when such employment, service, or business creates a conflict with or impairs the proper discharge of their official duties. Teaching, lecturing, writing, or consulting are typical activities that may not involve conflict of interest, or impair the proper discharge of their official duties. Prior notification of the appointing authority is appropriate in all cases of outside employment. Representation. Members should not represent any outside interest before any agency, whether public or private, except with the authorization of or at the direction of the appointing authority they serve. Members should not endorse commercial products or Endorsements. services by agreeing to use their photograph, endorsement, or quotation in paid or other commercial advertisements, whether or not for compensation. Members may, however, agree to endorse the following, provided they do not receive any compensation: (1) books or other publications; (2) professional development or educational services provided by nonprofit membership organizations or recognized educational institutions; (3) products and/or services in which the local government has a direct economic interest. Members' observations, opinions, and analyses of commercial products used or tested by their local governments are appropriate and useful to the profession when included as part of professional articles and reports. International city/County Management Association 6 APPENDIX 2 IMk UNIVERSITY Core Values We Promote E—Equity T—Trust and transparency H—Honor 1—Integrity C—Commitment S—Stewardship Equity xi Engage and serve all people in the community Serve members of the governing body equally and impartially • Fairness and merit guide all personnel matters • Exercise political neutrality Transparency Be open and share information generously with all stakeholders + Disclose any personal relationship or investments to the governing body where there is a conflict of interest in fact or appearance Complete,fair and.accurate reporting of financial and operational data Procurement and budget decisions Honor Do the right thing; take responsibility + Set the bar high to gain the respect of elected officials,employees and the public i Seek to serve a minimum of two years in your position Conflicts of interest: discern, disclose,disengage Integrity Tell the truth and seek no favors Dant take or solicit gifts related to your official position Make sure your application for employment is complete and accurate + Avoid any private employment that could create a conflict with your official duties Commitment • if you accept a job or an assignment, keep your commitment. Develop competence in yourself and in your staff Build a positive culture where ethical conduct will thrive Stewardship • Leave your community in better shape than you found it Bring a deep sense of social responsibility to your work Be a custodian of the public trust + Long term thinking helps guide wise investments International City/County Management Association 7 APPENDIX 3 Page 1 of 2 INTERNATIONAL CITY/COUNTY MANAGEMENT ASSOCIATION .Ethical Scenarios Directions. Discuss the scenario, identifies the issues involved, and decide the proper course of action. The City Council has just approved a staff recommendation to refurbish the playgrounds in the community's parks with the latest equipment. The manufacturer of this equipment has offered to pay for staff'to take a trip to another city to see how the playgrounds there were set up. The City Manager asks for your opinion about allowing the Recreation staff,who made the recommendation to select the vendor,to go on the free trip. What&your advice? Why? T .Exp kyee One of your accountants has been under a great deal of pressure and has taken more personal loans than he can handle. Trying to be supportive, you have talked to hien about consolidating his loans. Another one of your accountants has approached you to discuss accounting procedures. The more -me about possible impropriety. You begin to loop into the you hear, the more concerned you becoo matter quietly and find some evidence of abuse. You become convinced that your financially troubled employee has embezzled some city funds. So far,only a small amount of money appears to be involved. Your inclination is to confront the employee and give hire a chance to pay back the money. You would like to keep the problem out of the press. What are the issues involved? What actions should you take and why? You have been interviewing candidates to fill positions for sununer internships in your department. The application deadline was last week, and you expect to finish interviewing in the next five days. This morning, you had a disturbing phone call from the mayor's niece. She said that she would like to talk to you about the internship openings and that she would,like to stop by in the afternoon.You agreed to talk to her even though you have told several other callers that the deadline for applications has passed. Now you are having second thoughts. You knew that the mayor would expect you to talk to her niece, but you are not sure whether it is fair to consider her for one of the summer jobs. What are the issues involved` What should you do? International City/County Management Association 1. www.icma.org APPENDIX 3 Page 2 of 2 Use of ll�vernm.ent I">vpperty Jack, a crew supervisor with the streets department, has been issued a cellular phone to use in the field. Besides using the phone to call his supervisor and the office, he occasionally uses it to make and receive personal calls of an urgent nature. As the City's Finance Manager, you are concerned about the cost to the City. What are the issues involved? What should you do? The SWUM", Addicts©n,R Sandy, a supplies assistant, got a computer at her workstation about a year ago to help her maintain the department's inventory and keep track of purchase orders. She was unfamiliar with computers at the time and needed help with her mouse skills. The technical staffer who installed Sandy's ter showed her how she could practice clicking and dragging by playing Solitaire, located computer p g p with the accessories on her personal computer. Sandy quickly improved her computer skills and now at least once a day likes to tum to her Solitaire game to take a mental break. On occasion, her supervisor has come into Sandy's office and caught her playing Solitaire. Sandy justifies her activity by saying she is on break. However, if asked, she will admit that she sometimes loses track of time when she starts playing. What are the issues involved? What should you do? I'll Return;itintheM, aiig Paul is a lead worker in the parks department. His property suffered a lot of damage in a recent series of windstorms in the valley. In fact,more than a dozen trees on his property either blew over or were severely damaged to the point that they needed to be cut down. Paul wants to borrow a chain saw from the department this weekend to tackle the job of cutting up the damaged trees and hauling them away. His supervisor gives permission as long as Paul returns the chain saw first thing Monday morning. What are the issues involved? Should the supervisor have given permission? Prayer',�q 40 A supervisor in your department has sent out an e-mail to her employees inviting them to join her at lunchtime for daily prayer meetings in her office. You know about this because someone forwarded the e-mail to you without any comment. It crosses your mind that you may have received this e- mail (from someone who was careful to remain anonymous) because you practice a different religion from that of the prayer group organizer. You aren't comfortable with the prayer group meetings,but realize that you may have a bias about them due to religious differences. What are the issues involved? How should you handle this situation? International City/County Management Association www.icma.org 1CMAUMVERS TY APPENDIX 4 ur t b � t `�or +ers 1. Be the Champion Walk the talk: set the tone and do what you say ❑ Raise the discussion of ethics - start the dialogue ■ Schedule time in meetings with your staff to discuss issues ■ Using reports of unethical conduct from newspapers, ICMA's ethics column in PM or case studies from other sources is a great way to launch a discussion of appropriate public sector values and conduct. ❑ Talk to your staff about ethical dilemmas you face and how you made the decision ❑ Conduct ethics audits L) Initiate a process to develop a code of ethics, involving people from throughout the organization - do not have your attorney write it ❑ If you have a code of ethics, initiate a process to discuss its contents, whether it needs updating,how it is being applied • Include ethics discussions in orientations for the governing body and boards and commissions as well as in presentations to community stakeholders ❑ Encourage your colleagues at professional development meetings,regional meetings and even informal networking opportunities to talk about their experiences in addressing ethical challenges-- it's a great way to share advice and learn what others are doing to promote ethical conduct 1. Hire and Promote the Values ❑ Include ethics questions in interviews and testing processes • Conduct thorough background checks and look for evidence of ethical lapses ❑ Ensure arms length relationships with vendors ❑ Create a safe way for employees to get their questions answered and to get advice about ethical dilemmas ❑ Include ethics issues in performance evaluations, so that"how"work is done is as important as"what" ❑ Hold managers and supervisors accountable for ethical behaviors of their employees ❑ Recognize employees for doing the right thing Conduct training for employees,managers and supervisors on what is expected and how to deal with difficult situations that arise ❑ Discuss ethical values and expectations in new employee orientations—the City/County Manager should be there to present his/her expectations ❑ Know about resources that can help with training and problem solving(such as ICMA) ❑ Conduct an organization climate survey to get objective feedback on how employees feel about various aspects of the organization, including issues that are related to ethics ❑ Provide assistance to supervisors to have discussions with their employees ❑ Use internal newsletters and other venues of communication(even a chat room)to share your perspective on key ethics issues and create opportunities for dialogue with employees about ethics ❑ Create an ethics action plan and assess progress cCICMA Appendix 5 What Do You Need? (Suggestions from Employees?) More ethics training; suggestions for resisting political pressure • Communicate the `why's" for decisions Better define "legendary customer service" and expectations for it. What are the limits? • Consistent accountability (perception that some are allowed to violate policies or procedures while others are not) • Communicate what the policies/procedures are Provide more information in general More consistency between departments in organizational policies and their implementation When handling complaints, try to resolve at the lowest level. Get staffs side before jumping to conclusions about what happened Foster a safer environment for telling the truth by not shooting messengers, not looking for scapegoats • Help educate the public about changes in policies that affect them Provide ethics training/information for City Council candidates Develop a city code of ethics Be aware of the impacts of "squeaky wheels" on priorities; How does helping a 'squeaky wheel" fit the desire to provide equal treatment? Clarify the city's gift policy Establish a cell phone policy; consistency with IRS rules o Share more information about what's happening in the City; use employees as ambassadors of information more Be more proactive in responding to misinformation in the press, or at least clarify the misinformation to employees Accept fair share of responsibility for the recommendations and decisions • Make sure there is consistency between what we say and what we do Appendix 5 Where Do We Go From Here (Action Items from the Executives) • Clarify organizational policies; establish expectations for adherence a Cell phones o Accepting gifts • Look for additional opportunities to discuss ethics with employees; use headlines • Provide ongoing training and emphasis on ethical conduct • Review the survey results and training results with mid-managers and front-line supervisors • Develop a strategy for reviewing policies consistently within the organization o Have each department discuss the same policy at about the same time • Ask the Customer Service Committee to help define "legendary customer service" and its relationship to ethical conduct (i.e., setting limits) • Make sure there is Department consistency in the application of policies, unless there is a compelling business reason for differences • Establish and distribute a gift policy with clear expectations Atascadero Administrative Policy Policy No. 14 Original Policy Approval Date: 12/05/2007 Revision Date: Approved by:� Acceptance of Gifts or Gratuities by Employees Purpose To establish a set policy to prohibit the acceptance of gifts, gratuities, or favors when it would give the impression that possible preference or special privilege is being sought or given. General Policy Employees should not accept money or other consideration or favors from anyone other than the City for an act which they would be required or expected to perform in the regular course of their duties nor should employees accept any gifts, gratuities, or favors of any kind from individuals or firms doing business or proposing to do business with the City if, considering all the circumstances involved in a given situation, acceptance of said gifts, gratuities or favors would give the impression that possible preference or special privilege is being sought or given. °rr✓ Provisions I. The intent of this policy is not to restrict an employee's right to receive gifts from family or personal friends, it is meant to ensure that if an employee receives gifts, it could not be reasonably construed that acceptance of said gifts, gratuities or favors would give the impression that possible preference or special privilege is being sought or given from that employee. 2. Gifts from citizens, consultants, developers, or other private individuals such as cookies, candies, popcorn, fruit baskets, floral arrangements, etc., that can be shared with others may be accepted and shall be shared with the employee's department. 3. Gifts of nominal value may be accepted. Examples of such items may include, but are not limited to: calendars, scratch pads, pens, greeting cards,etc. 4. If a gift, gratuity, or favor is offered that is against this policy it must be returned. The party offering the gift or gratuity must be made aware that the City prohibits the acceptance of gifts. 5. No gift or favor of any value should be accepted if the grantee or grantor believes it will give the grantor preferential treatment in one's dealings with the City or �, possibly influence the grantee with the discharge of his/her duties. 6. In no circumstance should cash or cash equivalents (i.e. gift cards) or beer, wine or other alcoholic spirits be accepted as a gift. 7. Upon acceptance of a gift, refer to California Fair Political Practices Commission Regulations regarding reporting requirements and imposed dollar limits on the acceptance of gifts and gratuities. 8. All City employees shall report the offering of any gift to his/her Department Director. 9. This policy is not intended to prohibit the exchange of gifts among City employees, officers, officials and/or other staff. *tar VAW ITEM NUMBER: B-3 DATE: 4/22/08 d1918.I� �, W�' 1879 \ATASCAn�(►j Atascadero City Council Staff Report - City Manager's Office Planning Commission Requests RECOMMENDATION: Council give staff direction on interpretation of abstention vote, drive-through policy development, and tree mitigation fee review. DISCUSSION: The Planning Commission has submitted three separate requests for the City Council. The requests are as follows: 1. City Council amend Title 2, Chapter 1, Section 15 of the Atascadero Municipal Code to qualify an abstention as a neutral vote. Currently an abstention, unless it is because of a conflict of interest, is considered an affirmative vote. The City Attorney reviewed this section of the Atascadero Municipal Code and determined that it is not consistent with traditional practice and could be susceptible to legal challenge due to the lack of a reasonable basis supporting the rule. As the staff research is already complete, this item would be easy to place on an upcoming agenda. 2. City Council give the Planning Commission a policy on drive-throughs before any more drive-throughs are submitted for consideration by the Planning Commission. The Commission encourages the City Council to conduct public hearings in conjunction with their development of a policy. The City Council has already directed staff to place this on a future agenda. Currently, the City's General Plan policy LOC 3.1.11, concerning EI Camino Real, states: ITEM NUMBER: B-3 DATE: 4/22/08 Transform the existing El Camino Real "strip" into a distinctive, attractive and efficient commercial, office and industrial park area which can provide for the long-term economic viability of the community. Encourage retail businesses at efficient and attractive nodes along El Camino Real and Morro Road with mixed office and residential uses between those nodes. Programs: (11) Amend and maintain the zoning ordinance to require Conditional use Permit approvals of bars, dance halls, night clubs, drive through restaurants, and service stations (all gasoline sales uses). The issue of drive-throughs relates to traffic, air quality, public health, disabled access and community character. Staff would need a significant amount of time to analyze all of these issues. Currently, staff is working on the Wal-Mart and Eagle Ranch General Plan amendments. Staff believes that August would be the earliest they would be able to focus on this issue. 3. City Council review tree mitigation fees. The current tree mitigation fees were adopted by Resolution No. 1998-034 on August 25, 1998. The City's development fees have been reviewed and updated several times by financial consulting firm Revenue & Costs Specialists (RCS). A public agency is required to conduct a valid development impact fee calculation and nexus report before adjusting development fees. If the Council directs staff to review these fees, the City would be required to hire a consulting firm to conduct a fee study. Staff is requesting direction from the City Council if any/all of these requests are to be placed on a future agenda. FISCAL IMPACT: Will depend on Council's direction. ATTACHMENTS: Three Requests from Planning Commission �. CITY OF ATAS+CADERO 1018 —Iwo COMMUNITY DEVELOPMENT DEPARTMENT Memorandum Date- November 21, 2007 To: City Council cc: Marcia Torgerson, City Clerk f �� Wade McKinney, City Manager From: Warren Frace, Community Development Direct 04" Subject: Planning Commission Request to Amend Section 2-1.15 of the Municipal Code Date of Meeting: November 6, 2007 Commission Members Present: Commissioners Heatherington, Jack, Marks, O'Grady, Slane, Fonzi, and Chairperson O'Keefe Commission Members Absent: None Subject: Municipal Code 2-1.15 Silence constitutes affirmative vote. (Ord. 19 § 2-1.15, 1980) Commission Recommendation: There was Planning Commission consensus to request the City Council amend the following Municipal Code Section to quantify an abstention as a neutral vote: 2-9.95 Silence constitutes affirmative vote. Unless a Council Member states that he or she is not voting because of a conflict of interest, his or her silence shall be recorded as an affirmative vote. (Ord. 19 § 2-9.15, 9980) P&rt Date:t Fllelfr tyhaHYY1NM�t-PC RtinWeslPG mm to CvunrA 1 i-2i-4T.muM wla a eadmeN_+iN ckN 6907 EL CAMINO REAL, • ATASCADERO,CA 93422 (805)461-5000 FAX-461-7612 CITY OF ATAS ADERO t A COMMUNITY DEVELOPMENT DEPARTMENT Memorandum Date: February 5, 2008 To: City Council CC: Marcia Torgerson, City Clerk Wade McKinney, City Manager Planning Commission From: Warren Frace, Community Developer Direct Subject: Planning Commission Request for Policy Direction on Drive Through Facilities Date of Meeting: February 5, 2008 Commission Members Present: Commissioners Heatherington, Marks, O'Grady, Fonzi, and i Chairperson O'Keefe Commission Members Absent: Commissioners,lack and Slane. Subject: Drive Through Facility Policy Direction Commission Recommendation: MOTION: By Commissioner O'Grady and seconded by Commissioner Heatherington that the City Council give the Planning Commission a policy on drive- through's before any more drive-through's are submitted for consideration by the Planning Commission, and encourage the City Council to conduct public hearings in conjunction with their development of a policy. x Motion passed 4:1 by a roll-call vote. (O'Keefe opposed) f �u.,�r nw n-we exnam we Memo to 2.6 8 d party. t.ex wen Date!VA"'as w 6907 EL CAMINO REAL • ATASCADERO,CA 93422 • (805)461-5000 • FAX 461-7612 W.._........-- CITY OF ATASCADER ,rpgCr� ;' COMMUNITY DEVELOPMENT DEPARTMENT Memorandum Date: February 12, 2008 To: City Council CC: Marcia Torgerson, City Clerk Wade McKinney, City Manager f,/ Planning Commission From: Warren Frace, Community Development Director subject: Planning Commission Request to have Native Tree Mitigation Fees Updated Date of Meeting: February 5, 2008 Commission Members Present: Commissioners Heatherington, Marks, O'Grady, Fonzi, and Chairperson O'Keefe Commission Members Absent: Commissioners ,hack and Slane. Subject: Native Tree Mitigation Fees Commission Recommendation: MOTION: By Commissioner O'Grady and seconded by Commissioner Marks to recommend consideration of tree mitigation fees be added to the City Caunerl s agenda at the earliest opportunity. Motion passed 4:1 by a roll-call vote. (Fonzi opposed) PnM Date:(012/989'03 PM FNe11NyeIMtNpNmHr-3'C WMeS1Pl;Mono i0 Council P5-tl8lrpe m1 lPhi wml.tlOC 6907 EL CAMINO REAL • ATASCADERO,CA 93422 (805)461-50,00 FAX 461-7612 ITEM NUMBER: D-5a DATE; 4/22/08 City of Atascadero Quarterly Commissioner Attendance Report January through March, 2008 Parks& Recreation Commission January 17th February 21St March 20th Julie Dunn P P P Jay Sechrist P P P Barbie Butz P P P Sorrel Marks P P P Jonnalee Istenes P P P Dan Chacon P P P Ann Hatch P P P Planning Commission January February March 2nd 15th 5th 19th 4th 18th Sandy Jack No Mtg P A(E) P No Mtg P Joan O'Keefe No Mtg P P P No Mtg P Roberta Fonzi No Mtg P P P No Mtg P Gregory W. Slane No Mtg P A(E) P No Mtg P Dan O'Grady No Mtg P P P No Mtg P Doug Marks No Mtg P P P No Mtg P Pamela Heatherington No Mt P P P No Mtg P P = Present A =Absent A(E) = Excused Absence